Boot v. Brewster
Supreme Court of Iowa
Appeal from Pottawattamie Circuit Court. Action in equity to set aside the sale on execution of certain real estate, on the ground that the same was the homestead of the plaintiff. The relief asked was granted, and the defendants appeal.
1Opinion of the CourtSeevers, C. J.
1. Homestead: abandonment: evidence. — I. It clearly appears from the evidence that the plaintiff obtained title to the premises in controversy in 1880, and that he occupied . , , , „ the same as his homestead m November of that year, and so continued to occupy the same for the space of about three years thereafter. The defendant Brewster obtained, in 1882, a judgment against the plaintiff on an indebtedness contracted after the acquisition of the homestead. The material question, therefore, is whether there has been' an abandonment of such homestead. The plaintiff and his family left the…
2Cases cited5 opinions
- Shirland v. Union Nat. BankSupreme Court of Iowa · 1884
- First National Bank v. BakerSupreme Court of Iowa · 1881
- Bradshaw v. HurstSupreme Court of Iowa · 1882
- Davis, Moody & Co. v. KelleySupreme Court of Iowa · 1863
- Dunton v. WoodburySupreme Court of Iowa · 1867
3Cited by18 opinions
- Robinson v. CharletonSupreme Court of Iowa · 1897
- De Haven & Son Hardware Co. v. SchultzOregon Supreme Court · 1927
- Selwyn Operating Corp. v. CommissionerUnited States Board of Tax Appeals · 1928
- Fardal v. SatreSupreme Court of Iowa · 1925
- Maguire v. HansonSupreme Court of Iowa · 1898
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