Fyffe v. Beers
Supreme Court of Iowa
Appeal from Johnson District Court. Petition to restrain sale of homestead on execution. —The plaintiff, by this proceeding, seeks to enjoin the sale on execution of certain premises which she claims as her homestead.
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Appeal from Johnson District Court. Petition to restrain sale of homestead on execution. —The plaintiff, by this proceeding, seeks to enjoin the sale on execution of certain premises which she claims as her homestead. The facts are concisely these: In April, 1856, one John Crummey, the father of the plaintiff, purchased for her and her lame daughter a tract of land in the vicinity of Iowa City, containing about two acres, and caused the same to be conveyed to them — Mary S. and Sarah E. Fyffe. On the premises thus purchased was a dwelling house not finished, but sufficiently so to allow of…
1Opinion of the CourtDillon, J.
1. Homestead: abandonment. I. That the tract of two acres purchased by the plaintiff’s father, and conveyed to the plaintiff and ker daughter, became impressed with the homestead character by actual residence thereon in June, 1856, and that it remained so impressed until removal therefrom in October, 1856, is a clear proposition, and one which is not controverted by the creditor’s attorney. The questions- relating to the contiguous tract of about three acres, which the plaintiff annexed to the homestead, we will consider hereafter. And the question is, was the homestead thus acquired and…
2Cases cited10 opinions
- Franklin v. CoffeeTexas Supreme Court · 1857
- Shepherd v. CassidayTexas Supreme Court · 1857
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Trawick v. HarrisTexas Supreme Court · 1852
- Taylor v. BoulwareTexas Supreme Court · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Murphy v. FarquharSupreme Court of Florida · 1897
- Shirland v. Union Nat. BankSupreme Court of Iowa · 1884
- Neal v. CoeSupreme Court of Iowa · 1872
- Euper v. Alkire & Co.Supreme Court of Arkansas · 1881
- Maguire v. HansonSupreme Court of Iowa · 1898
15 more not listed; retrieve them via the Exa API.