Stannus v. Stannus
Supreme Court of Iowa
Appeal from Lee Circuit Court. This action was originally commenced before a justice of the peace, to recover a balance due on a promissory note made by the defendant to the plaintiff. The defendant answered, admitting the making of the note, and pleading a set-off against William Stannus, the husband of the plaintiff. The plaintiff demurred to so much of the answer as stated and claimed the set-off.
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Appeal from Lee Circuit Court. This action was originally commenced before a justice of the peace, to recover a balance due on a promissory note made by the defendant to the plaintiff. The defendant answered, admitting the making of the note, and pleading a set-off against William Stannus, the husband of the plaintiff. The plaintiff demurred to so much of the answer as stated and claimed the set-off. The demurrer was sustained, and the defendant, by leave of the court, filed an amended answer, to which the plaintiff demurred, and the demurrer was sustained to a portion of the amended answer.…
1Opinion of the CourtMiller, J.
I. The appellant makes the point and insists upon it, that, “ where the husband and wife unite in the execution of a deed, with covenants of warranty, in the sale of their homestead, and the property is subsequently found to be-incumbered with taxes, the wife is equally liable with the husband on such warranty.”
It is not necessary that we should determine this question, for, by an examination of the defendant’s pleading, it clearly appears that his set-off is not founded upon any breach of the covenants of the deed. The gravamen of appellant’s set-off is the false and fraudulent…
2Cases cited1 opinion
- Shipman v. RobbinsSupreme Court of Iowa · 1859
3Cited by2 opinions
- Benton v. Morningside CollegeSupreme Court of Iowa · 1926
- DeLaval Separator Co. v. SharplessSupreme Court of Iowa · 1907