Joslin v. Beam
Supreme Court of Iowa
Appeal from Jones District Gourt. — F. O. Ellison, Judge. Plaintiff brought this action in partition, claiming to be the owner of a one-third interest in two certain lots, containing 20 acres, and that defendant Lovina Beam was the owner of an undivided two thirds. Defendants claimed that the 20-acre tract was the homestead of plaintiff and her deceased husband, and that plaintiff had, by occupancy, elected to take her homestead rights therein.
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Appeal from Jones District Gourt. — F. O. Ellison, Judge. Plaintiff brought this action in partition, claiming to be the owner of a one-third interest in two certain lots, containing 20 acres, and that defendant Lovina Beam was the owner of an undivided two thirds. Defendants claimed that the 20-acre tract was the homestead of plaintiff and her deceased husband, and that plaintiff had, by occupancy, elected to take her homestead rights therein. Other matters are set up in the pleadings, but those just stated are the only ones argued. The trial court held that plaintiff had elected to occupy…
1Opinion of the CourtPreston, J.
*10911. homestead: acquisition: evidence. *1090’Appellant contends that the burden of proof is upon the defendants. The trial court so held, and appellees assumed the burden, and do not contend other*1091wise in this court. Appellant further contends that defendants have the burden to show that the property in question was a homestead at the time of the death of plaintiff’s husband, and, if it was in fact a homestead, that plaintiff elected to use it for life, in lieu of her one third. It is argued by plaintiff that the property was not a homestead, because plaintiff’s son and family were living on the…
2Cases cited16 opinions
- Meyer v. MeyerSupreme Court of Iowa · 1867
- Butterfield v. WicksSupreme Court of Iowa · 1876
- Stoddard v. KendallSupreme Court of Iowa · 1909
- Egbert v. EgbertSupreme Court of Iowa · 1892
- Shelangowski v. SchrackSupreme Court of Iowa · 1913
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Corn Belt Trust & Savings Bank of Belle Plaine v. MaySupreme Court of Iowa · 1924
- Jackson v. GrantSupreme Court of Iowa · 1938
- Sherbonday v. SurringSupreme Court of Iowa · 1922
- Geraty v. BarberSupreme Court of Iowa · 1920
- Van Alstine v. Gilmore Exchange BankSupreme Court of Iowa · 1938
1 more not listed; retrieve them via the Exa API.