International Harvester Co. of America v. Bye
Supreme Court of Iowa
Appeal from Cerro ■ Gordo District Court. — Joseph J. Clark, Judge. Suit ‘to have construed a clause in the will of John Bye, devising “my homestead property.” On hearing, this was held to pass the entire farm, rather than the 40 acres on which the dwelling was located. The plaintiff appeals.
1Opinion of the CourtLadd, J.
1. Wills: what embraced in devise of "homestead." On November 4, 1914, the plaintiff herein recovered judgment against John Bye, Jr., for $2,800.60 and msts, and on October 26, 1915, obtained another judgment against him for $820.95 .and costs. These judgments were obtained in the district court of Winnebago County, and - therein levies of Avi'its of attachment on said Bye’s undivided interest in the south half of Section 8 in Township 100 North, of Range 23 West of the Fifth P. M., in Winnebago County, were sustained and confirmed. There being doubt as to whether the judgment defendant had…
2Cases cited11 opinions
- Ford v. FordWisconsin Supreme Court · 1887
- Gregg v. BostwickCalifornia Supreme Court · 1867
- National Tel. News Co. v. Western Union Tel. Co.Court of Appeals for the Seventh Circuit · 1902
- Fears v. StateSupreme Court of Georgia · 1897
- State v. UlrichSupreme Court of Missouri · 1892
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3Cited by2 opinions
- In Re Gisler's EstateSupreme Court of Iowa · 1951
- Woods v. HughesCourt of Appeals of Kentucky (pre-1976) · 1942