Haggerty v. Brower
Supreme Court of Iowa
Appeal from, Pocahontas District Court. — Hon. Lot Thomas, Judge. Plaintiff seeks in this action to have a deed executed by himself and wife to defendant declared a mortgage. Defendant filed a cross, hill, making plaintiff’s wife also a defendant therein, and prayed that he be decreed the absolute owner of the r eal estate in question, and that Ms. title thereto be quieted. Plaintiff’s wife, by pleading filed, ¡sets up a right of homestead.
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Appeal from, Pocahontas District Court. — Hon. Lot Thomas, Judge. Plaintiff seeks in this action to have a deed executed by himself and wife to defendant declared a mortgage. Defendant filed a cross, hill, making plaintiff’s wife also a defendant therein, and prayed that he be decreed the absolute owner of the r eal estate in question, and that Ms. title thereto be quieted. Plaintiff’s wife, by pleading filed, ¡sets up a right of homestead. There was a trial to. the court, and a decree in defendant’s favor. Plaintiff and his wife appeal . —
1Opinion of the CourtWaterman, J.
1 — Plaintiff owned and resided upon a farm of two hundred and forty .acres in Pocahontas county, this state. He was considerably embarrassed financial] y, and desiring to make a Mam on Ms farm, in order to obtain time in which to pay what he was owing, he sent for defendant, who was a loan broker, and whose assistance he desired in arranging his. affairs. In response to. the call, defendant went to plaintiff’s residence. After some talk it was found that plaintiff needed about three thousand, six 'hundred dollars to clear up his outstanding indebtedness. This was more than defendant thought…
2Cases cited9 opinions
- Morris v. SargentSupreme Court of Iowa · 1864
- Mcclure v. BraniffSupreme Court of Iowa · 1888
- Rogers v. DavisSupreme Court of Iowa · 1894
- McHugh v. SmileyNebraska Supreme Court · 1885
- Vennum v. BabcockSupreme Court of Iowa · 1862
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3Cited by17 opinions
- Fort v. ColbySupreme Court of Iowa · 1913
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
- Buss v. Prudential Ins. Co. of AmericaCourt of Appeals for the Eighth Circuit · 1942
- Hemphill v. T & F Land Co. (In Re Hemphill)United States Bankruptcy Court, S.D. Iowa · 1982
- Collier v. SmaltzSupreme Court of Iowa · 1910
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