Dodd v. Scott
Supreme Court of Iowa
Appeal from Jackson District Court. — Hon. C. M. WATERMAN, Judge. Action for forcible entry and detention of real property. The plaintiff sold to the defendant the premises in controversy by contract, the deed to be executed when certain payments were made.
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Appeal from Jackson District Court. — Hon. C. M. WATERMAN, Judge. Action for forcible entry and detention of real property. The plaintiff sold to the defendant the premises in controversy by contract, the deed to be executed when certain payments were made. Default was made in the payments, the contract foreclosed by action against the defendant, and the premises sold on foreclosure judgment to the plaintiff, and, at the close of the period of redemption he received his deed, after which he instituted this proceeding before a justice of the peace to obtain possession. In the foreclosure suit,…
1Opinion of the CourtGranger, J.
The case must be reversed, and, as we are unaided by brief from appellee, we limit our consideration to a single question. See McKern v. Albia, 69 Iowa, 447; Deeds v. Chicago, R. I. & P. Ry. Co., 69 Iowa, 164; Gilfeather v. Council Bluffs, 69 Iowa, 310.
A point urged in argument by the appellant is, that the husband, who was a party to the foreclosure proceeding, cannot, in this case, set up the homestead right of the wife as a defense, and it seems difficult to gainsay the proposition. With the . amendment, the plea appears to be one personal to the defendant; that is, he does not seek to…
2Cases cited3 opinions
- Deeds v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Gilfeather v. City of Council BluffsSupreme Court of Iowa · 1886
- McKern v. City of AlbiaSupreme Court of Iowa · 1886
3Cited by7 opinions
- Clevenger v. FigleySupreme Court of Kansas · 1904
- Moehlenpah v. MayhewWisconsin Supreme Court · 1909
- Francksen v. MillerSupreme Court of Iowa · 1980
- Matter of SinnardUnited States Bankruptcy Court, N.D. Iowa · 1988
- Richardson v. ProbstSupreme Court of Iowa · 1897
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