Kinzer v. Stephens
Supreme Court of Iowa
Appeal from Keokuk District Court. — Hon. W.- G. Olem- • ents, Judge. Garnishment proceedings to subject the purchase price of a homestead owned by George W. Stephens and Hannah Stephens, his wife, now deceased, to the payment of a judgment obtained by one Kinzer against William W. Stephens, a son of George W. and Hannah Stephens. The trial court held the garnishees liable, and they appeal.—
1Opinion of the CourtDeemer, J.
'The case involves a construction of section 2985 of the Code, which reads as follows: “Upon the death of either husband or wife the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law * * * but if there be no survivor, the homestead descends to the issue of either husband or wife according to the rules of descent, * * * and it is to be held by such issue exempt from any antecedent debts of their parents or their own, except those of the owner thereof contracted prior to the acquisition.” Under this section we have held that the…
2Cases cited21 opinions
- Delafield v. . BarlowNew York Court of Appeals · 1887
- Burns v. KeasSupreme Court of Iowa · 1866
- Blum v. LightTexas Supreme Court · 1891
- Johnson v. GaylordSupreme Court of Iowa · 1875
- Kaiser v. SeatonSupreme Court of Iowa · 1883
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3Cited by5 opinions
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- Tolson v. Clinton National BankSupreme Court of Iowa · 2005