Croup v. Morton
Supreme Court of Iowa
Appeal from Maclison District. Court. Action in equity to subject certain real estate standing in-, the name of the defendant Sallie M. Morton to the payment of a judgment against her husband, the defendant L. M. Morton. Some time prior to the rendition of the judgment, but after the debt was contracted, the defendant L. M. Morton negotiated a purchase in the name of his wife of four lots in the town of Winterset, and a deed thereof was executed to her.
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Appeal from Maclison District. Court. Action in equity to subject certain real estate standing in-, the name of the defendant Sallie M. Morton to the payment of a judgment against her husband, the defendant L. M. Morton. Some time prior to the rendition of the judgment, but after the debt was contracted, the defendant L. M. Morton negotiated a purchase in the name of his wife of four lots in the town of Winterset, and a deed thereof was executed to her. The purchase price was nine hundred dollars. It does not appear that she had any money or other property at the time, and he was insolvent,…
1Opinion of the CourtAdams, J.
1. homestead: in wife's name: liability for husband's debt. It was the son’s right to nse his money to secure his mother a home. How it was expected that a house would be secured, even with the use of the money he advanced, does not appear, nor do we think it material. It mhy have been contemplated that something would be realized from a sale of a part of the lots, as was done. The purchase, then, so far as we are able to see, was made in good faith. But about half of the cost of the property, as it stands improved, was paid by L. M. Morton, the judgment debtor. The question presented, then,…
2Cases cited6 opinions
- Peck v. BrummagimCalifornia Supreme Court · 1866
- Snow v. PaineMassachusetts Supreme Judicial Court · 1874
- Webster v. HildrethSupreme Court of Vermont · 1860
- Shields v. KeysSupreme Court of Iowa · 1868
- Corning v. FowlerSupreme Court of Iowa · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ebersole v. MootSupreme Court of Iowa · 1900
- Croup v. MortonSupreme Court of Iowa · 1880
- M. D. Wells & Co. v. AndersonSupreme Court of Iowa · 1896
- Price v. ScharpffSupreme Court of Iowa · 1935
- Pieper v. PieperSupreme Court of Iowa · 1910