¶1(dissenting).— I believe that the first decision of the opinion runs counter to Kepler v. Larson, 131 Iowa, 438, the many cases cited therein, and the general principles involved in what is known as the rule in Shelley’s case. See 4 Words and Phrases, 3267-3268. Surely if this opinion is to stand, Kepler’s case should be overruled. I believe that decision is sound, and I must dissent in this case. The decree should be reversed.
138 Iowa 239
Ault v. Hillyard
Decided April 11, 1908
Supreme Court of Iowa · decided 1908-04-11
— Hon. H. K. Evans, Judge. Action in equity to subject certain real estate to tbe satisfaction of á judgment. A demurrer was interposed to tbe petition, and sustained. Plaintiff appeals.—
Cited by 1 later decisions — most recently August 2011
1 federal appellate ·
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1908-04-11
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