Helwig v. Fogelsong
Supreme Court of Iowa
Appeal from Van Burén District Court. — HoN. C. W. VerMILLION, Judge. This is an action brought originally in probate, being an application for the sale of real estate to pay indebtedness. It was transferred to the chancery docket and tried as an equitable action. All the defendants except Belle Workman were in default.
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Appeal from Van Burén District Court. — HoN. C. W. VerMILLION, Judge. This is an action brought originally in probate, being an application for the sale of real estate to pay indebtedness. It was transferred to the chancery docket and tried as an equitable action. All the defendants except Belle Workman were in default. The issues were those raised by the answer and amendment of defendant Belle Workman, and were: Whether or not the property in question was a homestead of decedent at the time of his death; and, second, whether or not the appellants were estopped from having said property sold…
1Opinion of the Court
Preston, J.-
— -Elias Fogelsong, who was a widower at the time of his death, died intestate July 8, 1911. At the time of his death, and for several years prior thereto, he had made his *717borne with B. J. Hall and wife. B. J. Hall was a nephew of deceased. The children of deceased were all of age, and had moved away some years before. Prior to the death of Mr. Fogelsong, there were some negotiations for the sale of the real estate in question to defendant Belle Workman for $800, one E. 0. Syphers, a real estate agent, acting as the agent for Mr. Fogelsong. But the transaction was not completed.…
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