Johnson v. Gaylord
Supreme Court of Iowa
Appeal from Polli Circuit Court. This is an action to foreclose a mortgage executed by Charles Spangler, now deceased, securing a promissory note held by plaintiff. Mary Gaylord, widow of deceased, Morris Spangler, a minor and his only heir, Joseph Knadler, administrator of his estate, and David Johnson, who holds another note secured by the same mortgage, are made defendants. Service was had upon the widow by publication, and no appearance was made by her.
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Appeal from Polli Circuit Court. This is an action to foreclose a mortgage executed by Charles Spangler, now deceased, securing a promissory note held by plaintiff. Mary Gaylord, widow of deceased, Morris Spangler, a minor and his only heir, Joseph Knadler, administrator of his estate, and David Johnson, who holds another note secured by the same mortgage, are made defendants. Service was had upon the widow by publication, and no appearance was made by her. Personal service was made upon the minor heir, and a guardian ad litem appointed for him, who answered the petition, denying all its…
1Opinion of the Court
Beck J. —
The demurrer was sustained on the ground that the abandonment of the homestead by the appellants terminated all the rights they before held to the property under the homestead law; that is, when it was no longer occupied as a homestead, it became liable to the debts of the estate, as other assets. Two questions other than those arising upon the decision of the court sustaining the demurrer on this ground are presented for our consideration. "We are to inquire into the effect of the abandonment of the homestead by the widow after the decease of the husband, in whom the title was…
2Cases cited5 opinions
- Burns v. KeasSupreme Court of Iowa · 1866
- Nicholas v. PurczellSupreme Court of Iowa · 1866
- Orman v. OrmanSupreme Court of Iowa · 1868
- Palmer v. BlairSupreme Court of Iowa · 1868
- Size v. SizeSupreme Court of Iowa · 1868
3Cited by19 opinions
- Showers v. RobinsonMichigan Supreme Court · 1880
- Rice v. BurkhartSupreme Court of Iowa · 1906
- In re Estate of GuthrieSupreme Court of Iowa · 1918
- Kite v. KiteSupreme Court of Iowa · 1890
- Baker v. JamisonSupreme Court of Iowa · 1887
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