Bros. v. Chernyk
Supreme Court of Iowa
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.
Read the full summary
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
- Thomson v. SmithSupreme Court of Iowa · 1900
- First National Bank v. HollinsworthSupreme Court of Iowa · 1889
- Furman v. DewellSupreme Court of Iowa · 1872
- Briggs v. Iowa Savings Loan Ass'nSupreme Court of Iowa · 1901
- Ebersole v. MootSupreme Court of Iowa · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dolan v. NewberrySupreme Court of Iowa · 1925
- Holden v. Farwell, Ozmun, Kirk & Co.Supreme Court of Minnesota · 1947
- American Savings Bank of Marengo v. WillenbrockSupreme Court of Iowa · 1929
- Pospishil v. JensenSupreme Court of Iowa · 1928
- In Re SearsUnited States Bankruptcy Court, S.D. Iowa · 2000
3 more not listed; retrieve them via the Exa API.