Ebersole v. Moot
Supreme Court of Iowa
Appeal from Calhoun District Court. — Host. Z. A. Churcii, Judge. Action to subject part of the value of a homestead to the payment of a judgment.
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Appeal from Calhoun District Court. — Host. Z. A. Churcii, Judge. Action to subject part of the value of a homestead to the payment of a judgment. The following are findings of fact by the court: “(1) That lot 15, in the southwest \ of section 11, township 89, range 31, Calhoun county, Iowa, is the homestead of defendant Pharaoh Moot; (2) that he acquired and occupied the said premises prior to the date of plaintiff’s judgment, and has since continued to occupy the same as h'is homestead; (3) that said premises embrace one acre, and is not now and never was, within the limits of a city or an…
1Opinion of the Court
Granger, O. J
The evidence is not in the record, and appellants present the case on an assignment of errors based on findings of fact by the court. Appellants present a single proposition in argument, as follows: “That where one having a title to and occupying land as a homestead afterwards becomes indebted, his exemption is only that which he has at the time, and substantial improvements thereafter made are not and should not be exempt, but constitute pro tanto subsequent acquisition.” ' Beliance is placed on Code, sections 2976, 2981. The first section provides that “the homestead may be…
2Cases cited4 opinions
- Hamill & Co. v. HenrySupreme Court of Iowa · 1886
- Corning v. FowlerSupreme Court of Iowa · 1868
- Croup v. MortonSupreme Court of Iowa · 1878
- Croup v. MortonSupreme Court of Iowa · 1880
3Cited by6 opinions
- American Savings Bank of Marengo v. WillenbrockSupreme Court of Iowa · 1929
- Bros. v. ChernykSupreme Court of Iowa · 1906
- Eggleston v. SwartzWisconsin Supreme Court · 1911
- LaSalle Bank, N.A. v. Takes (In Re Takes)District Court, N.D. Iowa · 2005
- Price v. ScharpffSupreme Court of Iowa · 1935
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