Sieg v. Greene
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Southern District of Iowa; Smith McPherson, Judge. Suit by Merritt Greene, trustee in bankruptcy of Size & Carpenter, against John A. Sieg. From a decree in favor of plaintiff, defendant appeals. For many years prior to 1903, John A. Sieg and William A. Size manufactured and sold brick at Marshalltown, Iowa, as co-partners in the name of Sieg & Size.
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Appeal from the District Court of the United States for the Southern District of Iowa; Smith McPherson, Judge. Suit by Merritt Greene, trustee in bankruptcy of Size & Carpenter, against John A. Sieg. From a decree in favor of plaintiff, defendant appeals. For many years prior to 1903, John A. Sieg and William A. Size manufactured and sold brick at Marshalltown, Iowa, as co-partners in the name of Sieg & Size. Each of them owned an undivided half interest in a tract of land adjoining the town, ten acres of which was within the corporate limits, but had not been platted as town lots. The…
1Opinion of the CourtLewis, District Judge
(after stating the facts as above). [ 1 -4J 1. One of the defenses was that the deed from Size to Sieg could *958not be avoided on either ground 'stated in the bill or for any other reason, because the property conveyed was at the time of its conveyance the homestead of Size and his family who at that time and for many years theretofore had continuously resided on it.
The Iowa statute on the subject may be epitomized: Exemption of the homestead from judicial sale; requirement that husband and wife- join in the conveyance to render it valid; embraces the house used as a home by the owner, and if he…
2Cases cited34 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Humphrey v. TatmanSupreme Court of the United States · 1905
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
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3Cited by25 opinions
- Proctor v. HearneSupreme Court of Florida · 1930
- Adams v. BlumenshineNew Mexico Supreme Court · 1922
- Atherton v. BeamanCourt of Appeals for the First Circuit · 1920
- Buss v. Prudential Ins. Co. of AmericaCourt of Appeals for the Eighth Circuit · 1942
- Banner v. WelchSupreme Court of Kansas · 1924
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