Freeburg v. Eksell
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. J. H. Whitaker, Judge. This suit was brought originally in the form of a creditors’ bill to subject certain lands to the payment of a judgment held by plaintiff against the defendants Andrew and M. O. Eksell.
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Appeal from Webster District Court. — Hon. J. H. Whitaker, Judge. This suit was brought originally in the form of a creditors’ bill to subject certain lands to the payment of a judgment held by plaintiff against the defendants Andrew and M. O. Eksell. The case was finally tried, however, on an amended and substituted petition, wherein plaintiff sought to foreclose a mortgage on certain real estate made and executed by defendants on or about December 17, 1883, to one C. E. Magnusson, to secure the sum of $200, evidenced by a promissory note for that sum executed by said defendants to…
1Opinion of the Court
Deemer, O. J.
Defendant Andrew Eksell purchased a farm of forty acres in Webster county, Iowa, in May, 187 6, from one Morley. He immediately moved'upon the land, and occupied it as a homestead down to the time this action was commenced. In the year 1895 he sold the same to his daughter Alma, and her claim thereto will be considered during the course of this opinion. In 1878 defendant Andrew Eksell borrowed the sum of $90 from the plaintiff, and executed his note to him therefor. At the time of the purchase of the land Andrew Eksell executed a note for $150 to Morley, and secured it by a…
2Cases cited8 opinions
- Jenks v. ShawSupreme Court of Iowa · 1896
- Port v. RobbinsSupreme Court of Iowa · 1872
- Sloan v. RiceSupreme Court of Iowa · 1875
- Chase v. AbbottSupreme Court of Iowa · 1866
- State ex rel. School Fund v. LakeSupreme Court of Iowa · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gilman v. HeitmanSupreme Court of Iowa · 1907
- Larson v. MetcalfSupreme Court of Iowa · 1926
- Burns v. BurnsSupreme Court of Iowa · 1943
- J. D. O'Malley & Co. v. LewisWashington Supreme Court · 1934
- Equitable Life Insurance v. RoodSupreme Court of Iowa · 1928
4 more not listed; retrieve them via the Exa API.