Ratliff v. Elwell
Ratliff v. Elwell
Opinion of the Court
As plaintiff’s judgment was on. an indebtedness against both husband and wife antedating the acquisition of the homestead, the property would not be exempt to the wife from sale, under the judgment as against her, although purchased with her husband’s pension money, if she was in fact the owner. Whinery v. McLeod, 127 Iowa, 11. But it was alleged in the answer that the husband was vested with and held the equitable title, although the legal title was in the wife;- that the-whole consideration paid for the property was paid by the husband with his pension money, and that after the payment of the consideration, and without any intent to relinquish, release, or part with his equity in said property, he on his own motion, and without any previous arrangement with his wife or procurement on her part, directed the legal title to be placed in her by means of conveyance from the person to whom the purchase money had been paid. This allegation was supported by the testimony of
The decree of the trial court is therefore affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.