Legal Opinion

Dean v. Clark

Supreme Court of Iowa

Decided October 24, 1890PublishedCited by 3 opinions

Pension Money: property purchased therewith exempt from EXECUTION. Appeal from, Floyd District Court. — Hon. George W. Ruddick, Judge. This is an action in equity to set aside a sheriff’s sale of certain real estate and cancel the certificate of purchase upon the ground that the property was purchased with money-received by the plaintiff as a pension for services as a soldier in the war of the rebellion.

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Pension Money: property purchased therewith exempt from EXECUTION. Appeal from, Floyd District Court. — Hon. George W. Ruddick, Judge. This is an action in equity to set aside a sheriff’s sale of certain real estate and cancel the certificate of purchase upon the ground that the property was purchased with money-received by the plaintiff as a pension for services as a soldier in the war of the rebellion. There was a demurrer to the petition which was sustained, and the action dismissed. Plaintiff appeals.

1Opinion of the CourtRothrock, C. J.

The material question involved in the case is identical with that determined by this court in Crow v. Brown, ante, p. 344, determined at the present term in which a [majority of the court held that the property was exempt from execution or attachment upon the ground that it was purchased with pension money. Following that case the order sustaining the demurrer and dismissing the cause is reversed.

2Cited by3 opinions

  1. Bank of Brimson v. GrahamSupreme Court of Missouri · 1934
  2. People ex rel. Scott v. WilliamsNew York Supreme Court · 1893
  3. Joyce v. RussellWisconsin Supreme Court · 1909