Johnson County ex rel. School Fund v. Rugg
Johnson County ex rel. School Fund v. Rugg
Opinion of the Court
Upon the authority of Patton v. Kinsman, 17 Iowa, 428, and Jones v. Crosthwaite, Id., 393, and the cases there cited, this j udgment must be reversed, so far as it directs a general execution against the wife. It was competent for her to execute a mortgage upon real estate held in her own name, and proper to order the foreclosure of the same. But the court could not direct a general execution to issue against her, if the mortgaged property failed to pay the debt Plaintiff’s remedy, as to the wife, extends only to the mortgaged property. And if this will not sell for sufficient, further relief is to be sought against the sureties.
Reference
- Full Case Name
- Johnson County, for the use of the School Fund v. Rugg
- Cited By
- 4 cases
- Status
- Published