Arnold v. Waltz
Supreme Court of Iowa
Appeal from Fremont Cireidt Court. The plaintiff is the owner of two lots in tlie city of Hamburg, upon which there is a dwelling house where she resides. The defendant recovered a j udgnient against the plaintiff upon which he caused an execution to issue, and a levy thereof to be made upon said real estate. The plaintiff instituted this action to enjoin the sale of said property, upon the ground that it was her homestead. There was a decree for the plaintiff.
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Appeal from Fremont Cireidt Court. The plaintiff is the owner of two lots in tlie city of Hamburg, upon which there is a dwelling house where she resides. The defendant recovered a j udgnient against the plaintiff upon which he caused an execution to issue, and a levy thereof to be made upon said real estate. The plaintiff instituted this action to enjoin the sale of said property, upon the ground that it was her homestead. There was a decree for the plaintiff. Defendant appeals.
1Opinion of the CourtRothrock, J.
i iiojiestead ■ Head of family. The cause has heen submitted upon certain agreed facts, of which the following is the substance: The plaintiff is the owner in fee of the property the gaje 0f siie geeks to enjoin, and she has been such owner since before the indebtedness upon which the judgment is founded accrued. Before she incurred the indebtedness, and while the plaintiff was residing on said property, her sister died at the home of the plaintiff, leaving two daughters, aged about seven and thirteen years, respectively. Just before the death of said sister she gave the plaintiff her said-…
2Cases cited2 opinions
- Tyson v. ReynoldsSupreme Court of Iowa · 1879
- Parsons v. LivingstonSupreme Court of Iowa · 1860
3Cited by15 opinions
- Cross v. BensonSupreme Court of Kansas · 1904
- Menefee v. ChesleySupreme Court of Iowa · 1896
- Fullerton v. SherrillSupreme Court of Iowa · 1901
- Moyer v. DrummondSupreme Court of South Carolina · 1890
- Estate of Dittemore v. DittemoreSupreme Court of Kansas · 1940
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