Benham v. Chamberlain & Co.
Supreme Court of Iowa
Appeal from Ciarle District Court. Action in chancery to enjoin the sale on execution of property claimed by plaintiff as a homestead. There was a decree subjecting an undivided interest in the property to the judgment upon which ' the execution issued. Defendants appeal. The facts necessary to an understanding of the points ruled are set out in the opinion.
1Opinion of the CourtBeck, J.
The plaintiff, «Tohn W. Benham, owned a farm of 132 acres, which he occupied with his family. Forty acres with the buildings thereon, under the law, was his homestead, and exempted as such from debts contracted after its occupancy. March 15th, 1811, he sold the farm for $2,600, and, about one year after, bought the property levied upon under the execution issued on defendant’s judgment, with a small stock of groceries, all of which were paid for together, being bought in that way. The property in controversy is of the value of $435 and was, after its purchase, occupied by plaintiff as a…
2Cases cited2 opinions
- Pearson v. MinturnSupreme Court of Iowa · 1864
- Robb v. McBrideSupreme Court of Iowa · 1869
3Cited by18 opinions
- Iowa Methodist Hospital v. LongSupreme Court of Iowa · 1943
- Campbell v. CampbellSupreme Court of Iowa · 1906
- American Savings Bank of Marengo v. WillenbrockSupreme Court of Iowa · 1929
- Vittengl v. VittenglSupreme Court of Iowa · 1912
- Hamill & Co. v. HenrySupreme Court of Iowa · 1886
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