Wilson v. Daniels
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. J. H. Preston, Judge. This is an action in equity by which the plaintiff seeks to set aside and annul a sheriff’s deed for a house and lot in the city of Marion, upon the ground that said property is the homestead of the plaintiff, and that the judgment upon which it was sold by the sheriff was no lien upon the premises, and the same were exempt from levy and sale.
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Appeal from Linn District Court. — Hon. J. H. Preston, Judge. This is an action in equity by which the plaintiff seeks to set aside and annul a sheriff’s deed for a house and lot in the city of Marion, upon the ground that said property is the homestead of the plaintiff, and that the judgment upon which it was sold by the sheriff was no lien upon the premises, and the same were exempt from levy and sale. A hearing was had upon the merits, and a decree was entered for the defendants. Plaintiff appeals.
1Opinion of the CourtRothrock, C. J.
It appears from the record that the plaintiff was the owner of the property in controversy. That he was married in October, 1870, and that he commenced to reside in the house on the lot in controversy in the year 1871, and continued to occupy the same as a home until September or October, 1873, when he removed therefrom with his family, and boarded at a hotel, which was owned by him, until about the year 1879. . During this period he ceased to be the owner of the hotel, and when it passed into other hands he made a claim that it was his homestead, and attempted to assert such claim by some…
2Cited by4 opinions
- Aultman & Taylor Co. v. SheltonSupreme Court of Iowa · 1894
- Perry v. DillranceSupreme Court of Iowa · 1892
- Holterman v. PoynterIllinois Supreme Court · 1935
- Sterlane v. FlemingSupreme Court of Iowa · 1945