Whinery v. McLeod
Supreme Court of Iowa
Appeal from Ida District Court. — LIoN. E. M. Powees, Judge. AotioN to enjoin the sale of a certain lot under execution. Decree as prayed, and defendants appeal.
1Opinion of the CourtLadd, J.
The defendant E. L. Whinery obtained a judgment against Arthur and Lizzie Whinery November 9, 1894, for $234.15 and costs. At that time the judgment defendants were occupying lot 7, block 16, in Ida Grove, as a homestead, and on the 7th day of December following conveyed it to the plaintiff, in consideration of certain evidences of debt held by her. Execution issued on said judgment October 3, 1902, and to enjoin a sale thereunder on the ground that the lot was exempt from said execution as *12the homestead of defendants is the object of bis suit. That the indebtedness antedated the acquisition…
2Cases cited2 opinions
- Butler v. NelsonSupreme Court of Iowa · 1887
- G. W. Marquardt & Sons v. MasonSupreme Court of Iowa · 1893
3Cited by1 opinion
- Ratliff v. ElwellSupreme Court of Iowa · 1909