Cotton v. Hamil & Co.
Supreme Court of Iowa
Appeal from Dallas Circuit Court. The plaintiff is a married man, and about August 1868, lie with his family took up his residence in a dwelling house owned by him in the town of Adel, Dallas county, and continued to reside therein as his homestead until October 1874, when he leased his homestead and removed to the city of Des Moines.
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Appeal from Dallas Circuit Court. The plaintiff is a married man, and about August 1868, lie with his family took up his residence in a dwelling house owned by him in the town of Adel, Dallas county, and continued to reside therein as his homestead until October 1874, when he leased his homestead and removed to the city of Des Moines. He has been since that time residing with his family at Des Moines, and at Indianola, and has not at any time returned to his former home at Adel, to reside. While in the occupancy of his homestead at Adel, he became indebted to the defendants, and on the 11th…
1Opinion of the CourtEothkook, J.
1. HOMESTEAD: abandonment of: what constitutes. There is but one question in this case. The property in controversy was the- homestead of - the plaintiff and was not liable to be taken in payment of the debt due to the defendants, at the time it was contracted nor at the time judgment was rendered thereon. The simple question is, did the plaintiff by his removal from the property abandon his homestead rights therein? This is a question of fact and must be determined upon the evidence. The facts as to the removal of plaintiff and his family from the homestead and their residence is not…
2Cited by7 opinions
- Murphy v. FarquharSupreme Court of Florida · 1897
- Maguire v. HansonSupreme Court of Iowa · 1898
- Carter v. PickettSupreme Court of Oklahoma · 1913
- Arp v. JacobsWyoming Supreme Court · 1891
- Conway v. NicholsSupreme Court of Iowa · 1898
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