Kalona Savings Bank v. Eash
Supreme Court of Iowa
Appeal from Johnson District Court.— Hon. O. A. Byington, Judge. Action in equity to have the interest of the defendant Moses I. Eash in certain lands established and set apart and subjected to the payment of a judgment held by plaintiff. There was a demurrer to the petition which was sustained. Plaintiff refusing to plead over, there was a judgment in favor of defendants dismissing the petition, and for costs. Plaintiff appeals.
1Opinion of the Court
Bishop, J.—
The substance of the petition was as follows: That in January, 1904, plaintiff obtained a judgment in the district court of Johnson county against said defendant Moses I. Eash for the sum of $100, interest and costs, arid with an allowance of a general execution. That Magdalena Eash, mother of said Moses, died in Johnson county, March 1, 1905, leaving certain particularly described real estate, belonging to her, and not exempt, and subject to the payment of debts, situated in said county. That said Magdalena Eash left as her sole and only, heirs said Moses I. Eash and Isaac Eash,…
2Cases cited5 opinions
- Peterson v. GittingsSupreme Court of Iowa · 1899
- Bartle v. CurtisSupreme Court of Iowa · 1885
- Ind. School Dist. of West Point v. WernerSupreme Court of Iowa · 1876
- Lathrop v. BrownSupreme Court of Iowa · 1867
- Hill v. DenneySupreme Court of Iowa · 1898
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