De Vore v. Jones
Supreme Court of Iowa
Appeal from Cass District Court. — Hon. N. W Mac y, Judge. The plaintiff claims to be the owner of the southwest quarter of section 28, and fifty-five acres of the southeast quarter of the same section, township 71, range 34, Cass county, Iowa, and brings this action to enjoin the sale thereof upon execution as the property of her husband, Josb.ua De Yore, upon a judgment against Mm in favor of tbe defendant Beymer.
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Appeal from Cass District Court. — Hon. N. W Mac y, Judge. The plaintiff claims to be the owner of the southwest quarter of section 28, and fifty-five acres of the southeast quarter of the same section, township 71, range 34, Cass county, Iowa, and brings this action to enjoin the sale thereof upon execution as the property of her husband, Josb.ua De Yore, upon a judgment against Mm in favor of tbe defendant Beymer. There was a decree dismissing tbe plaintiff’s petition, from wMcb sbe appeals.
1Opinion of the CourtGiven, J.
I. Tbe following facts are 'either admitted by tbe pleadings, or fairly established by tbe t. gifts of real bamfand wife: creditors. evidence: In 1869, tbe plaintiff owned a forty-acre tract of land in Ohio, which sbe pad purchased with her own money; but an adjoining forty bad been purchased, and partial payment made therefor, sbe contributing tbe full amount of ■such payment, except about one hundred dollars contributed by her husband. A mortgage was given to ■secure tbe unpaid purchase money. In 1869, these two forties were exchanged for tbe land in controversy to ■one Carey; tbe latter…
2Cited by6 opinions
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- Hess v. MastersSupreme Court of Iowa · 1922
- Meltzer v. ShaferSupreme Court of Iowa · 1932
- Miller Watt & Co. v. MercerSupreme Court of Iowa · 1915
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