Ratliff v. Elwell
Supreme Court of Iowa
Appeal from Union District Gourt. — Hon. - H. M. Townee, Judge. Action to subject the homestead of defendants, who are husband and wife, the property having been acquired with the husband’s pension money, and at his request conveyed to the wife, to the payment of a judgment recovered by plaintiff against defendants after the acquisition of such homestead, but on an indebtedness antedating such acquisition.
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Appeal from Union District Gourt. — Hon. - H. M. Townee, Judge. Action to subject the homestead of defendants, who are husband and wife, the property having been acquired with the husband’s pension money, and at his request conveyed to the wife, to the payment of a judgment recovered by plaintiff against defendants after the acquisition of such homestead, but on an indebtedness antedating such acquisition. After a trial on the merits the court dismissed plaintiff’s petition, and he' appeals. —
1Opinion of the Court
McClain, J. —
As plaintiff’s judgment was on. an indebtedness against both husband and wife antedating the acquisition of the homestead, the property would not be exempt to the wife from sale, under the judgment as against her, although purchased with her husband’s pension money, if she was in fact the owner. Whinery v. McLeod, 127 Iowa, 11. But it was alleged in the answer that the husband was vested with and held the equitable title, although the legal title was in the wife;- that the-whole consideration paid for the property was paid by the husband with his pension money, and that after the…
2Cases cited5 opinions
- Culp v. PriceSupreme Court of Iowa · 1899
- Malley v. MalleySupreme Court of Iowa · 1903
- Hagan v. PowersSupreme Court of Iowa · 1897
- Seeberger v. CampbellSupreme Court of Iowa · 1893
- Whinery v. McLeodSupreme Court of Iowa · 1905