Legal Opinion

Bros. v. Chernyk

Supreme Court of Iowa

Decided June 5, 1906PublishedCited by 8 opinions

Appeal from Chickasaw District Court.— Hon. A. N. Hob-son, Judge. Action ou certain promissory notes. By agreement judgment for the sum of $5,500 was entered thereon, and all the property attached, save that which defendant claimed as a homestead, conveyed to plaintiff at a valuation of $1,800, and the cause transferred to the equity side of the docket. Issue was then joined as to whether the premises occupied by defendant were exempt as a homestead.

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Appeal from Chickasaw District Court.— Hon. A. N. Hob-son, Judge. Action ou certain promissory notes. By agreement judgment for the sum of $5,500 was entered thereon, and all the property attached, save that which defendant claimed as a homestead, conveyed to plaintiff at a valuation of $1,800, and the cause transferred to the equity side of the docket. Issue was then joined as to whether the premises occupied by defendant were exempt as a homestead. Upon hearing decree was entered declaring the same subject to a lien of $700 of the indebtedness included in the judgment. The defendant…

1Opinion of the CourtLadd, J.

The record when carefully examined, establishes the following facts: (1) That defendant purchased “ the north 50 feet of lot 10, irregular survey of northwest quarter of section 1,” November 13, 1894, at the price of $450; (2) that on November 21, 1899, he bought the “ south 3 rods of the lot 9 irregular survey ” in the same quarter section, for a consideration of $800; (3) that at least $500 of the indebtedness on which the judgment was rendered, was incurred prior to the time defendant first occupied a part of lot 10 as his homestead; (4) that though a considerable amount was expended by…

2Cases cited6 opinions

  1. Thomson v. SmithSupreme Court of Iowa · 1900
  2. First National Bank v. HollinsworthSupreme Court of Iowa · 1889
  3. Furman v. DewellSupreme Court of Iowa · 1872
  4. Briggs v. Iowa Savings Loan Ass'nSupreme Court of Iowa · 1901
  5. Ebersole v. MootSupreme Court of Iowa · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Dolan v. NewberrySupreme Court of Iowa · 1925
  2. Holden v. Farwell, Ozmun, Kirk & Co.Supreme Court of Minnesota · 1947
  3. American Savings Bank of Marengo v. WillenbrockSupreme Court of Iowa · 1929
  4. Pospishil v. JensenSupreme Court of Iowa · 1928
  5. In Re SearsUnited States Bankruptcy Court, S.D. Iowa · 2000

3 more not listed; retrieve them via the Exa API.

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