Kingman Plow Co. v. Knowlton
Supreme Court of Iowa
Appeal from Mahaslca District Court. — Hon. K. E. Wilcockson, Judge. This is a proceeding wherein plaintiffs and some of the defendants seek to redeem from a sale on execution, to set aside a mortgage made by E. S. Knowlton to Sylvia II. Knowlton, his wife, upon the real estate sold at sheriff’s sale, and to subject the land or the proceeds thereof to the payment of judgments held by the appellants against Knowlton.
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Appeal from Mahaslca District Court. — Hon. K. E. Wilcockson, Judge. This is a proceeding wherein plaintiffs and some of the defendants seek to redeem from a sale on execution, to set aside a mortgage made by E. S. Knowlton to Sylvia II. Knowlton, his wife, upon the real estate sold at sheriff’s sale, and to subject the land or the proceeds thereof to the payment of judgments held by the appellants against Knowlton. The trial court set aside the mortgage, decreed Warren C.( Johnson to be the absolute owner of the property, and quieted the title in him against all other parties to the…
1Opinion of the CourtDeemer, J.
The facts are complicated and the issues obscure, and we shall have some difficulty in stating the case with any degree of clearness. There is little dispute regarding the controlling facts, and the questions are largely of law. E. S. Knowlton owned one hundred and eighty acres of land in- Mahaska County, Iowa. On the 24th day of March, 1904, he executed a mortgage upon the land to his wife, Sylvia TI. Knowlton, purporting to secure a note for the sum of $5,800. Knowlton was heavily in debt and practically insolvent when this mortgage was made, and for the purposes of the case, the Knowltons…
2Cases cited31 opinions
- Wagner v. LawWashington Supreme Court · 1892
- Harrison v. KramerSupreme Court of Iowa · 1856
- Bergen v. . CarmanNew York Court of Appeals · 1879
- Bridgman & Co. v. McKissickSupreme Court of Iowa · 1863
- Witham v. BloodSupreme Court of Iowa · 1904
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3Cited by4 opinions
- Paulsen v. JensenSupreme Court of Iowa · 1929
- White v. SmithSupreme Court of Iowa · 1930
- Elson v. ClaytonSupreme Court of Iowa · 1925
- Wayne County v. DuncanSupreme Court of Iowa · 1942