Orman v. Orman
Supreme Court of Iowa
Appeal from, Monroe District Court. The petition contains substantially tbe following averments as a cause of action. That John H. Orman, a resident of Monroe county, died July 4, 1866, his father having died in 1864; that .at the time of his death he owned and occupied as a homestead a certain house and lot in Albia; that plaintiff is his mother, and defendant his widow; that after his death defendant did not .reside upon nor occupy said property as a homestead, and that…
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Appeal from, Monroe District Court. The petition contains substantially tbe following averments as a cause of action. That John H. Orman, a resident of Monroe county, died July 4, 1866, his father having died in 1864; that .at the time of his death he owned and occupied as a homestead a certain house and lot in Albia; that plaintiff is his mother, and defendant his widow; that after his death defendant did not .reside upon nor occupy said property as a homestead, and that she is a non-resident of the State, and has become a resident of the State of Illinois, and has leased the said property,…
1Opinion of the Court
Beck, J.•
1. Homestead: abandonment. — -Upon the-death of John H. Orman his widow could have continued in the possession and occuPancy of ttie property as her homestead. Pev. g 2295. If} however, she abandoned its occupancy as a homestead, it ceased to have that character and she will be deemed to have waived or forfeited her right thereto as a homestead. Such abandonment in order to forfeit the homestead right must be permanent; not a mere temporary absence, with an intention of returning to the occupancy of the property as a home. Fyffe v. Beers, 18 Iowa, 4; Stewart v. Brand, 23 id. 478.
Upon…
2Cases cited1 opinion
- Fyffe v. BeersSupreme Court of Iowa · 1864
3Cited by4 opinions
- Garibaldi v. JonesSupreme Court of Arkansas · 1886
- Johnson v. GaylordSupreme Court of Iowa · 1875
- In re Estate of GuthrieSupreme Court of Iowa · 1918
- Bloch v. Tarrent's Admr.Court of Appeals of Kentucky · 1906