Legal Opinion

Coleman v. Bosworth

Supreme Court of Iowa

Decided September 22, 1917PublishedCited by 9 opinions

Appeal from Linn District Court. — John T. Moffit, Judge. Adelia Coleman, in January, 1904, died seized of a tract of 116 acres of land in Linn County, Iowa, survived by N. R. Coleman, her husband, and several sons and daughters.

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Appeal from Linn District Court. — John T. Moffit, Judge. Adelia Coleman, in January, 1904, died seized of a tract of 116 acres of land in Linn County, Iowa, survived by N. R. Coleman, her husband, and several sons and daughters. Judgment was entered against N. R. Coleman, October 2, 1913, in favor of John M. Blaine, appellant herein, and execution was levied upon the interest of N. R. Coleman in her estate, and the same advertised for sale to satisfy the judgment in favor of appellant; whereupon, Mary Bosworth and the remaining heirs at law of Adelia Coleman brought suit in which a writ…

1Opinion of the CourtStevens, J.

1. Homestead: surviving spouse: distribuí ive share embracing homrsl ead: exemption. I. Appellant contends: (a) That the setting off to plaintiff of his distributive share is, under the statute, a disposal of the homestead, and that the tract set apart to him is not exempt from execution, but subject thereto; and (b) that plaintiff, though not a party of record, was privy to the judgment in Bosworth v. Blaine, supra, and bound thereby, and is therefore estopped to deny the lien of said judgment.

Haintiff and his deceased wife, for years prior to her death, occupied the premises in question as…

2Cases cited29 opinions

  1. Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
  2. Litchfield v. Goodnow's AdministratorSupreme Court of the United States · 1887
  3. Hart v. MoultonWisconsin Supreme Court · 1899
  4. State ex rel. Kane v. JohnsonSupreme Court of Missouri · 1894
  5. Stoddard v. ThompsonSupreme Court of Iowa · 1870

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3Cited by9 opinions

  1. Benson v. Wanda Petroleum CompanyTexas Supreme Court · 1971
  2. Smith v. WoodCourt of Appeals of Georgia · 1967
  3. Tutt v. SmithSupreme Court of Iowa · 1924
  4. In Re Richardson's EstateSupreme Court of Iowa · 1958
  5. RES-GA Diamond Meadows, LLC v. Robertson (In re Robertson)United States Bankruptcy Court, N.D. Georgia · 2017

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