Larson v. Reynolds
Supreme Court of Iowa
Appeal from Winnesheik District Court. On the 25th of September, 1856, the complainant was seised in fee of the N. W. quarter of the N. E. quarter of section 9, township 98, range 7,' and occupied the same as a homestead, with his wife and children. On that day, he bought of one Dow, certain other re.al estate, and to secure the purchase money, made a mortgage upon the property so purchased, together with other land, including the said homestead.
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Appeal from Winnesheik District Court. On the 25th of September, 1856, the complainant was seised in fee of the N. W. quarter of the N. E. quarter of section 9, township 98, range 7,' and occupied the same as a homestead, with his wife and children. On that day, he bought of one Dow, certain other re.al estate, and to secure the purchase money, made a mortgage upon the property so purchased, together with other land, including the said homestead. This mortgage was signed by complainant, but not by his wife. Dow sold the mortgage to Packard, who commenced his action to foreclose the same on…
1Opinion of the Court
Wright,
Various grounds are set out in the bill for setting aside the decree of foreclosure, the sheriff’s sale, the deed from Packard to Reynolds, and protecting complainant in his homestead, and title to all the land sold by the sheriff, but it is manifest, and substantially admitted in the argument, that in the court below the decision turned upon a construction of the homestead statute, as applied to the actual facts and circumstances of the case. And this might well be so, for, as against Reynolds, neither defects in the petition for foreclosure, variance between the notice and petition,…
2Cases cited10 opinions
- Tadlock v. EcclesTexas Supreme Court · 1858
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- Alley v. BaySupreme Court of Iowa · 1859
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