Williams v. Swetland
Supreme Court of Iowa
Appeal from Gedar District Court. This was an action to recover possession of lots eleven and twelve, in block tbirty-four, in Tipton.
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Appeal from Gedar District Court. This was an action to recover possession of lots eleven and twelve, in block tbirty-four, in Tipton. The defendant answered that on the 16th of July, 1856, the plaintiff, being the owner of said lots, and being seized thereof in fee simple, by his deed of conveyance of that date, duly executed, acknowledged, delivered and recorded, sold and conveyed said lots to one James H. Grower, and covenanted to warrant and defend the said premises to said Gower, who, on the 24th July, 1857, sold and conveyed the same to the defendant, who thereby became seized and…
1Opinion of the CourtStocktoN, J.
1. The plaintiff assigns for error the ruling of the court, that the premises conveyed to Grower did not, at the time, constitute a homestead. The evidence upon which the finding of the court was based, is all contained in the record. It does not show that the wife and children of the plaintiff resided with him upon the premises at the date of the deed. They had not, at the time, arrived from the east. One of. the witnesses thinks the house was not built on the lots at the date of the deed. Another witness, however, says that the plaintiff occupied the premises from October, 1855, and the…
2Cases cited1 opinion
- Jackson ex dem. Livingston v. WalkerNew York Supreme Court · 1827
3Cited by24 opinions
- Davis Ex Rel. Grant v. DavisSupreme Court of Iowa · 1954
- Barnett v. MendenhallSupreme Court of Iowa · 1875
- Rosholt v. MehusNorth Dakota Supreme Court · 1894
- Whelan v. AdamsSupreme Court of Oklahoma · 1914
- Welke v. City of DevenportSupreme Court of Iowa · 1981
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