Legal Opinion

Krapfel v. Pfiffner

Supreme Court of Iowa

Decided December 28, 1867PublishedCited by 5 opinions

Appeal from Dubuque District Court. Homestead: practice, etc.— The present contest is between the plaintiff and Vulmer, the appellant. In April, 1857,' Pfiffner alone, his wife not joining, executed a mortgage upon his homestead to Yulmer, which was duly recorded. This is the oldest instrument in controversy. Afterward, in September, 1857, Pfiffner alone, his wife not joining, executed another mortgage to Theriot upon the same property, which was also recorded.

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Appeal from Dubuque District Court. Homestead: practice, etc.— The present contest is between the plaintiff and Vulmer, the appellant. In April, 1857,' Pfiffner alone, his wife not joining, executed a mortgage upon his homestead to Yulmer, which was duly recorded. This is the oldest instrument in controversy. Afterward, in September, 1857, Pfiffner alone, his wife not joining, executed another mortgage to Theriot upon the same property, which was also recorded. In December, 1858, Pfiffner and wife executed a mortgage upon the same property, being the one under which the plaintiff claims. In…

1Opinion of the CourtDillon, J.

*178Practice: in Supreme court. *177I. The record entry recites “that this cause came on to be heard upon the answer, and cross *178petition of Maritz Yulmer, and the issues ra[go¿ thereon by the pleadings; also, the testimony talcen by the referee, and the statement of facts agreed upon by counsel, and the court being fully advised, orders and decrees, that the cross petition of said Yulmer be dismissed.” We must affirm this decree, because the record before us does not contain the testimony taken by the i’eferee.

If to be regarded as a foreclosure proceeding, and, triable by the second method (Kev. §§…

2Cases cited1 opinion

  1. Alley v. BaySupreme Court of Iowa · 1859

3Cited by5 opinions

  1. Schmucker v. SibertSupreme Court of Kansas · 1877
  2. Howe & Co. v. JonesSupreme Court of Iowa · 1885
  3. Thayer v. ShermanSupreme Court of Iowa · 1934
  4. Gotsch v. SchoenjahnSupreme Court of Iowa · 1926
  5. Lynch v. LynchSupreme Court of Iowa · 1869

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