60 Iowa 539 | Iowa | 1883
The agreed statement upon which the cause was determined in the court below presents the following material facts: “On the first day of October, 1873, the defendant, J. A. Brewer, executed to one W. I. Peake his promissory note for the sum of three hundred dollars, with the plaintiff, H. Eobb, as a surety. J". A. Brewer failed to pay the note when it became due, and judgment was recovered thereon in September, 1875, which j udgment the plaintiff, as surety, paid in full January 8th and April 5th, 1876. On the 14th day of February, 1879, H. Eobb obtained a judgment against the defendant, J. A. Brewer, in the sum of $162.60, which judgment wa£ for the money paid by plaintiff as surety for the defendant, J. A. Brewer, and is wholly unsatisfied. On the 20th day of March, 1879, IT. Eobb assigned this judgment to O. B. Ehoades, and on the 21st day of October, 1881, O. B. Ehoades reassigned it to H. Eobb. The defendants went into the occupancy of the premises described in the petition as a homestead, in October, 1879, and now occuj>y them as such. Said premises were bought with the joint funds of the defendants. The defendant, Elizabeth F. Brewer, furnished the defendant, J. A. Brewer, her husband, with $25, which amount, and interest thereon at the rate of ten per cent per annum for the period of about eighteen months, together with an amount sufficient to make $150, was the purchase price of the lots in question. The purchase was made in October, 1874. The lumber and material used in the construction of the house upon said premises were worth about $110 at the time the house was built. After-wards defendant added a summer kitchen, the lumber and
Reversed.