Burlington Protestant Hospital Ass'n v. Gerlinger
Supreme Court of Iowa
Appeal from Des Moines District Oourt. — Hon.. James H. Smyth, Judge. The plaintiff recovered judgment against M. Gerlinger, June 6, 1898, for the sum of one thousand one hundred and thirty-three dollars and sixteen cents and costs, on: a note executed by him June 1, 1893, for funds borrowed of certain trustees of the Reformed German Presbyterian Ohureh, of whom he was one.
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Appeal from Des Moines District Oourt. — Hon.. James H. Smyth, Judge. The plaintiff recovered judgment against M. Gerlinger, June 6, 1898, for the sum of one thousand one hundred and thirty-three dollars and sixteen cents and costs, on: a note executed by him June 1, 1893, for funds borrowed of certain trustees of the Reformed German Presbyterian Ohureh, of whom he was one. He was then, and continued to bo the owner of lot 11 in Highland addition, and the east two acres of lot 5 in Wade’s subdivision of section 9, township 69, in Burlington, until about the time the above suit was begun, when…
1Opinion of the CourtLadd, J.
1 -This action to set aside a conveyance of certain lots executed by Gerlinger to his daughter March 26, 1896, was begun August 4, 1898. No- execution had been previously issued and returned nulla tona, and it is insisted at the outset that, for all that appears, the plaintiff might have satisfied its judgment out of other property. True, Gerlinger had, at the time the deed was signed, but not included in it, what is denominated as the “old homestead,” subject to a mortgage of one thousand six hundred dollars, and a little money; but this mortgage has since been foreclosed, and the property…
2Cases cited4 opinions
- Stagg v. GreenSupreme Court of Missouri · 1871
- Roberts v. StuartTexas Supreme Court · 1891
- Banning v. PurintonSupreme Court of Iowa · 1898
- Diamond v. ShellSupreme Court of Arkansas · 1854
3Cited by8 opinions
- In re Estate of SmithSupreme Court of Iowa · 1914
- De Rousse v. WilliamsSupreme Court of Iowa · 1917
- In re Estate of Van VleckSupreme Court of Iowa · 1904
- In Re Estate of SchneiderSupreme Court of Iowa · 1938
- Montgomery v. GilbertsonSupreme Court of Iowa · 1907
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