Babcock v. Hoey
Supreme Court of Iowa
Appeal from Dubuque City Court. The complainant by his bill seeks the foreclosure of a mortgage given by the defendants to secure the payment of certain promissory notes, executed by John Hoey alone. Hoey and wife in their answer claim the mortgaged premises as their homestead, and deny the right of the complainant to a foreclosure as prayed for.
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Appeal from Dubuque City Court. The complainant by his bill seeks the foreclosure of a mortgage given by the defendants to secure the payment of certain promissory notes, executed by John Hoey alone. Hoey and wife in their answer claim the mortgaged premises as their homestead, and deny the right of the complainant to a foreclosure as prayed for. A decree was rendered for complainant and respondents appeal. in addition to the sections of the Code bearing upon the subject, cited 7 Mass. 18; Rodmyer v. Rodman, 5 Iowa 426; Blake v. Blake, 7 lb. 50; Alley v. Bay, 9 lb. 509; 4 Kent. 164; Wilkins…
1Opinion of the Court
Baldwin, J.1
The cause was submitted to the court below *376upon the pleadings and upon an agreed statement of facts. It was agreed that the mortgaged premises were occupied by respondents as their homestead when the mortgage was . executed and when this proceeding was commenced; that .'.the debt was contracted by John Hoey alone since the passage of the homestead act, and after the mortgaged premises became the homestead of respondents; that the said Eliza M. Hoey never signed any other instrument in reference to said indebtedness but the said mortgage; that the fee simple title was in John Hoey,…
2Cases cited3 opinions
- Porter v. GreenSupreme Court of Iowa · 1857
- Dickson v. ChornSupreme Court of Iowa · 1858
- Alley v. BaySupreme Court of Iowa · 1859
3Cited by13 opinions
- East Texas Fire Insurance v. ClarkeTexas Supreme Court · 1890
- Waterman v. BaldwinSupreme Court of Iowa · 1885
- Thayer v. ShermanSupreme Court of Iowa · 1934
- In re CrossU.S. Circuit Court for the District of Nebraska · 1873
- McCarthy v. McCarthySupreme Court of Iowa · 1970
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