McCorkell v. Herron
Supreme Court of Iowa
Appeal from Plymouth District Court. — -Hon. F. E. Gay-nor, Judge. Both of these cases are suits in equity, asking that the defendants be restrained from selling the northeast quarter of section 13, township 93, range 48, Blymouth county, Iowa, on general executions issued on 'judgments against Joseph McCorkell in favor of the defendants North and the Chicago Lumber Company, one of which was rendered in 1880, and the other in 1883. In September, 1887, the plaintiff entered…
Read the full summary
Appeal from Plymouth District Court. — -Hon. F. E. Gay-nor, Judge. Both of these cases are suits in equity, asking that the defendants be restrained from selling the northeast quarter of section 13, township 93, range 48, Blymouth county, Iowa, on general executions issued on 'judgments against Joseph McCorkell in favor of the defendants North and the Chicago Lumber Company, one of which was rendered in 1880, and the other in 1883. In September, 1887, the plaintiff entered the land in question as a homestead under the provisions of chapter- 5 of title 32 of the Revised Statutes of the Hnited…
1Opinion of the CourtSherwin, C. J.
1. homestead: «xemption; abandonment. Sections 2289 and 2290 of the Revised Statutes of the Hnited States [H. S. Comp. St. 1901, pages 1388, 1389] provide for the entry of public lands for* homestead purposes, and the mode of procedure necessary to make the entry. Under section * ” 2291 of the statute [H. S. Comp. St. 1901, page 1390], the entryman is not entitled to a final certifi*326cate or patent until the expiration of five years from the date of his entry, and only then upon proof that he has resided upon and cultivated the land for the term of five years immediately succeeding the time of…
2Cases cited13 opinions
- Deffeback v. HawkeSupreme Court of the United States · 1885
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Red River & Lake of the Woods Railroad v. StureSupreme Court of Minnesota · 1884
- Nelson v. Northern Pacific Railway Co.Supreme Court of the United States · 1903
- Clark v. BayleyOregon Supreme Court · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Shea v. LewisCourt of Appeals for the Eighth Circuit · 1913
- Warwick v. ZimmermanSupreme Court of Kansas · 1928
- Southern Pac. Co. v. City of RenoDistrict Court, D. Nevada · 1919
- Bovey-Shute Lumber Co. v. EricksonNorth Dakota Supreme Court · 1918