58 Iowa 598 | Iowa | 1882
I. The petition prays for the foreclosure of a mortgage executed by W. H. King, in 1875, upon a lot in the city of Des Moines, and shows that the other defendant
II. The evidence, we think, quite satisfactorily establishes that Ellen A. King did purchase the property and pay for it mainly with her own money, or by the use of the proceeds of other property, and of the rent received from the lot itself. She positively so testifies, and her statements are supported by other evidence. There is little if any testimony in conflict therewith.
When the mortgage was executed, she, with her husband and family, was in the occupancy of the house. W. H. King is her son, anci was, at that time and for some time afterwards, a member,of the family as a boarder. A part of the time he lodged in his mother’s house, but the preponderance of the testimony is to the effect that when the mortgage was executed, he lodged elsewhere. But however that may have been, it is clear that he did not hold the legal possession of the property, and his occupancy was no other than as a boarder and lodger in the house, and as a member of Mrs. King’s family. The legal possession of the property was in Mrs. King and her husband.
It cannot, we think, be doubted that possession of real
The defendant, Ellen A. King, will pay the costs of this appeal.
Reversed.