Lay v. Templeton
Supreme Court of Iowa
Appeal from, Greene Circuit Court. This is an action in equity to subject certain town lots, the legal title to which is in the defendant, Sarah A. Templeton, to the payment of a judgment recovered by the plaintiff against the defendant, S. II. Templeton. The court granted the relief prayed as to all the property in controversy, except two lots, which the court held were exempt from execution as the homestead of the defendants.
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Appeal from, Greene Circuit Court. This is an action in equity to subject certain town lots, the legal title to which is in the defendant, Sarah A. Templeton, to the payment of a judgment recovered by the plaintiff against the defendant, S. II. Templeton. The court granted the relief prayed as to all the property in controversy, except two lots, which the court held were exempt from execution as the homestead of the defendants. From the dismissal of the petition as to these two lots the plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtDay, J.
The judgment to which the plaintiff seeks to subject the property in question was recovered March 9th, 1881, upon an indebtedness contracted August 1st, 1873. In *6851871, the defendant, S. H. Templeton, owned a house in Nevada, which he and the defendant, Sarah A. Templeton occupied as their homestead. About the first of April, 1875, the defendant sold this homestead in Nevada to Pierce for $1,525. On the 26th day of April, 1875, S. H. Templeton contracted for the purchase of the lots in question in Scranton for $325, of which he paid one fourth down, and the balance in one, two and three…
2Cases cited3 opinions
- Benham v. Chamberlain & Co.Supreme Court of Iowa · 1874
- Givans v. DeweySupreme Court of Iowa · 1877
- Sargent v. ChubbuckSupreme Court of Iowa · 1865
3Cited by7 opinions
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- Vittengl v. VittenglSupreme Court of Iowa · 1912
- Mann v. CorringtonSupreme Court of Iowa · 1894
- Harm v. HaleSupreme Court of Iowa · 1928
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