Blue v. Louis Heilprin & Co.
Supreme Court of Iowa
Appeal from Benton District Court. — Hon. G-. W. Burn-ham, Judge. Plaintiees, husband and wife, bring this action against Louis Heilprin & Co., and the members of said co-partnership, who are judgment creditors of John D. Blue, and against S. H. Metcalf, sheriff.
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Appeal from Benton District Court. — Hon. G-. W. Burn-ham, Judge. Plaintiees, husband and wife, bring this action against Louis Heilprin & Co., and the members of said co-partnership, who are judgment creditors of John D. Blue, and against S. H. Metcalf, sheriff. They ask that the levy and sale of the premises described, made by said sheriff to the other defendants! under an execution issued on said judgment, be set aside, and the issuing of a sheriff’s deed enjoined, upon the ground that the premises sold were and are the homestead of the plaintiffs. The defendants answered, denying that…
1Opinion of the CourtGiven, J.
1 — I. The facts necessary to be noticed are, in substance, as follows: Plaintiffs were for many years residents of Belle Plaine, Iowa, and for nineteen years preceding April, 1893, occupied a certain house and lot in that town as their homestead. On November 1,1892, Mr. Blue purchased the lot in question, situated in said town, for one thousand and fifty dollars, and thereafter sold an old house thereon for one hundred and forty dollars, which house was removed from the lot prior to February, 1893. About the first of Márch, 1893, Mr. Blue commenced excavating upon said lot for the purpose of…
2Cases cited2 opinions
- Neal v. CoeSupreme Court of Iowa · 1872
- Mann v. CorringtonSupreme Court of Iowa · 1894
3Cited by10 opinions
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- Fardal v. SatreSupreme Court of Iowa · 1925
- Harm v. HaleSupreme Court of Iowa · 1928
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