Legal Opinion

Keosauqua State Bank v. Hartman

Supreme Court of Iowa

Decided November 16, 1918PublishedCited by 9 opinions

Appeal from Wapello District Court. — C. W. Vermilion, Judge. Plaintiff brings this action for recovery upon a promissory note mhde by the defendant Walter A. Hartman, and to establish a lien therefor upon a certain house and lot which the defendants, husband and wife, claim to be exempt to them as a homestead. The trial court entered judgment for plaintiff, as prayed, on the note, but denied the prayer for equitable relief; and from this ruling the plaintiff appeals.

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Appeal from Wapello District Court. — C. W. Vermilion, Judge. Plaintiff brings this action for recovery upon a promissory note mhde by the defendant Walter A. Hartman, and to establish a lien therefor upon a certain house and lot which the defendants, husband and wife, claim to be exempt to them as a homestead. The trial court entered judgment for plaintiff, as prayed, on the note, but denied the prayer for equitable relief; and from this ruling the plaintiff appeals. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtWeaver, J.

The property in question is in the town of Eddyville, and, for a number of years prior to the spring of 1914, had been used and occupied by the defendants as their homestead. About the date named, the wife received from her mother’s estate the sum of about $1,300. Of this money she furnished her husband $1,000, which both testify he agreed to repay. Taking this money, defendant went to Keosauqua, where he purchased a small grocery business, and continued therein until the fall of the'following year. In June, 1914, the wife rented the homestead, and went to Keosauqua, where she remained with…

2Cases cited8 opinions

  1. Jones v. BrandtSupreme Court of Iowa · 1882
  2. Payne v. WilsonSupreme Court of Iowa · 1888
  3. City Bank v. WrightSupreme Court of Iowa · 1885
  4. Muir v. MillerSupreme Court of Iowa · 1897
  5. Rockford Boot & Shoe Manufacturing Co. v. MastinSupreme Court of Iowa · 1888

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Pike v. CoonSupreme Court of Iowa · 1934
  2. Carlisle v. MillimanSupreme Court of Iowa · 1925
  3. Grant v. CherrySupreme Court of Iowa · 1925
  4. Bartlett v. WebberSupreme Court of Iowa · 1934
  5. McNally v. Emmetsburg National BankSupreme Court of Iowa · 1923

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