M. D. Wells & Co. v. Anderson
Supreme Court of Iowa
Appeal from Lyon District Court. — Hon. A. Yan Wagenen, Judge. The defendants are husband and wife. The wife is the owner of a homestead. The plaintiffs in this action are creditors of the husband, and they seek to subject the homestead, to the extent of two thousand dollars and interest, to the payment of the husband’s debts.
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Appeal from Lyon District Court. — Hon. A. Yan Wagenen, Judge. The defendants are husband and wife. The wife is the owner of a homestead. The plaintiffs in this action are creditors of the husband, and they seek to subject the homestead, to the extent of two thousand dollars and interest, to the payment of the husband’s debts. There were several cases of other creditors, involving the same questions, and all of them were consolidated and tried at the same time in the district court, and they are all presented on one record in this court. The district court denied the relief prayed for in the…
1Opinion of the CourtRothkock, C. J.
The defendant, C. G-. Anderson; was, for several years, engaged in the retail dry-goods, business, at Rock Rapids, in Lyon county. On the sixth day of January, 1892, he made a general assignment of all his property, for the benefit of all of Ms creditors, without preference. He commenced the business in the year 1884, or thereabouts. The plaintiffs are wholesale merchants, and in the year 1891, they sold goods on credit to Anderson. They claim that Anderson obtained credit for the goods, by fraudulent representations as to his ability to pay for them. And the evidence shows that when he made…
2Cases cited3 opinions
- Hamill & Co. v. HenrySupreme Court of Iowa · 1886
- Croup v. MortonSupreme Court of Iowa · 1878
- Croup v. MortonSupreme Court of Iowa · 1880
3Cited by4 opinions
- McKillip v. Farmers' State Bank of Des LacsNorth Dakota Supreme Court · 1915
- James v. JamesSupreme Court of Iowa · 1960
- Hall Roberts' Son, Inc. v. PlahtSupreme Court of Iowa · 1962
- Clarke v. ShermanSupreme Court of Iowa · 1905