Coleman v. Bosworth
Supreme Court of Iowa
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…
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