Legal Opinion

Gaar, Scott & Co. v. Hart

Supreme Court of Iowa

Decided May 21, 1889PublishedCited by 9 opinions

Appeal from Jasper District Court. — Hon. David By an, Judge. This is an action in equity, by which the plaintiffs seek to subject certain real estate, the legal title to which, is in the defendant Elizabeth Hart, to the payment of a judgment had by the plaintiffs against the defendant James H. Hart. There was a decree subjecting part of the property to the payment of six hundred dollars of the judgment.

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Appeal from Jasper District Court. — Hon. David By an, Judge. This is an action in equity, by which the plaintiffs seek to subject certain real estate, the legal title to which, is in the defendant Elizabeth Hart, to the payment of a judgment had by the plaintiffs against the defendant James H. Hart. There was a decree subjecting part of the property to the payment of six hundred dollars of the judgment. The defendants Elizabeth Hart and James H. Hart appeal, and claim that no part of the real estate should be subject to the payment of any part of the judgment. The plaintiffs appeal because…

1Opinion of the CourtRothrock, J.

I. The defendant James H. Hart was the owner of eighty acres of land in Jasper county, and the defendant Elizabeth Hart owned an adjoining *598eighty-acre tract. She is the widow of Isaac M. Hart, deceased, who was brother of James H. Hart. I. N. Hart, a son of Elizabeth Hart, bought a threshing-machine and traction engine of the plaintiffs in 1884, and gave his notes for the purchase money, and James H. Hart signed the notes as surety. After the notes were made James H. Hart sold and conveyed his land to Elizabeth Hart. The whole eighty-acre tract was not sold and conveyed at one time. There…

2Cited by9 opinions

  1. Fuller v. GriffithSupreme Court of Iowa · 1894
  2. Harris v. BrinkSupreme Court of Iowa · 1896
  3. Cox v. CollisSupreme Court of Iowa · 1899
  4. Buell v. WaiteSupreme Court of Iowa · 1925
  5. McNally v. Emmetsburg National BankSupreme Court of Iowa · 1923

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