Smith v. Quiggans
Supreme Court of Iowa
Appeal from Q%itlirie Circuit Court. Plaintiff instituted a suit on an account for goods sold and delivered to defendant. An attachment was issued in the case, which was levied on certain real estate. Defendant filed a cross-petition, in which he alleged that said property was his homestead, and was exempt from judicial sale for the satisfaction of the debt sued on, and be prayed that it be released from said levy.
Read the full summary
Appeal from Q%itlirie Circuit Court. Plaintiff instituted a suit on an account for goods sold and delivered to defendant. An attachment was issued in the case, which was levied on certain real estate. Defendant filed a cross-petition, in which he alleged that said property was his homestead, and was exempt from judicial sale for the satisfaction of the debt sued on, and be prayed that it be released from said levy. Plaintiff bad judgment for the amount of his claim, but, upon tbe trial of the issue joined on tbe allegation of the cross-petition, it was adjudged that the property was…
1Opinion of the CourtReed, J.
The property in question is a two-story building, and tbe town lot on which it is situated. Defendant purchased the ground and erected the building, and occupied it *638with liis family as a residence, before the debt to plaintiff was contracted. They lived in the lower,storv for some time, but afterwards moved into the second story and used that as a jrlace of residence. The first story was divided into two rooms, and, after the family moved into the second story, they continued to use the rear room of the first story as a kitchen. Defendant went into business as a grocer, and used the front…
2Cases cited1 opinion
- Rhodes, Pegram & Co. v. McCormickSupreme Court of Iowa · 1857
3Cited by8 opinions
- Smith v. Guckenheimer & SonsSupreme Court of Florida · 1900
- Mcclure v. BraniffSupreme Court of Iowa · 1888
- Olsen v. LohmanSupreme Court of Iowa · 1944
- Drake v. MooreSupreme Court of Iowa · 1885
- Buckles v. MatsonSupreme Court of Iowa · 1916
3 more not listed; retrieve them via the Exa API.