Niles v. Kahle
Supreme Court of Iowa
Appeal from Pottawattamie District Court. In 1871 Jeffries, in consideration of “one thousand five hundred dollars in hand paid by Charles H. Hummel and Henry P. Niles, conveyed unto said Hummel & Niles lo'ts numbers uine and ten, in block number-one,” in Council Bluff's. The said Hummel and Niles were at that time partners doing- business under the name and style of Hummel & Niles.
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Appeal from Pottawattamie District Court. In 1871 Jeffries, in consideration of “one thousand five hundred dollars in hand paid by Charles H. Hummel and Henry P. Niles, conveyed unto said Hummel & Niles lo'ts numbers uine and ten, in block number-one,” in Council Bluff's. The said Hummel and Niles were at that time partners doing- business under the name and style of Hummel & Niles. On March 1, 1872, “Charles Hummel and H. P. Niles, doing business-under the firm name and style of Hummel & Niles,” executed a mortgage-on said premises, which was duly filed for record the same day. Afterward,…
1Opinion of the CourtSeevers, J.
This cause is not triable de now in this court, for the reason that no motion was made at any time in the court below for a .trial there on written evidence. Vinsant v. Vinsant, 47 Iowa, 594.
It is claimed by the appellee that the real estate in question was partnership property, and, therefore, no homestead right attached therein against the creditors of the partnership. We do not deem it necessary to determine this question. The appellants claim that the plaintiff II. P. Niles and Hummel were owners in common, and that he purchased the interest, of Ilummel in said lot ten, and entered into…
2Cases cited1 opinion
- Vinsant v. VinsantSupreme Court of Iowa · 1877