Rippe v. Badger
Supreme Court of Iowa
Appeal from Winnebago District Court.— Hon. J. R. Clyde, Judge. Suit in equity for the partition of land. The plaintiff and H. G. Beadle became the owners of the land in question hy purchase on the 11th day of August, 1897; paying therefor $1,000 in cash, and talcing title thereto subject to mortgages aggregating $1,000 or more.
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Appeal from Winnebago District Court.— Hon. J. R. Clyde, Judge. Suit in equity for the partition of land. The plaintiff and H. G. Beadle became the owners of the land in question hy purchase on the 11th day of August, 1897; paying therefor $1,000 in cash, and talcing title thereto subject to mortgages aggregating $1,000 or more. These mortgages were paid by the plaintiff in 1898, and during the same year the State Banlo of Thompson procured a judgment against H. G. Beadle, which became a lien upon his undivided interest in the land. In 1900 this judgment was assigned, and execution was issued…
1Opinion of the CourtSherwin, J.
1. Tenants common: contribution. The plaintiff and Beadle were co-tenants of the land in controversy, and the sale of the latter’s undivided interest rinder an execution did not sever the relations, but the appellant, as the purchaser thereof, became himself the co-tenant of the plaintiff. 6 Wait,g Actio;ns & Defenses, 746, and cases cited. It is the general rule that co-tenants are liable for the purchase price of the common property, and for the liens and incumbrances against it, in proportion to their respective interests, and if one co-tenant pays off the lien, or pays more than his share…
2Cases cited11 opinions
- Leach v. HallSupreme Court of Iowa · 1895
- Austin v. BarrettSupreme Court of Iowa · 1876
- Sears v. SellewSupreme Court of Iowa · 1870
- Rogers v. HusseySupreme Court of Iowa · 1873
- Hannan v. SeidentopfSupreme Court of Iowa · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Moser v. Thorp Sales Corp.Supreme Court of Iowa · 1977
- Todd v. StewartSupreme Court of Iowa · 1925
- Van Veen v. Van VeenSupreme Court of Iowa · 1931
- Simpson v. BostwickSupreme Court of Iowa · 1957
- Emmert v. NeimanSupreme Court of Iowa · 1954
10 more not listed; retrieve them via the Exa API.