Clemans v. Penfield
Supreme Court of Iowa
Appeal from Lwn, District Court. — Hon. William G-. Thompson, Judge. Plaintiffs, judgment- creditors of Alice R Penfield, bring this action in equity to have their said judgments decreed to be a lien upon the premises described, and for special execution. The defendants claim that said property is exempt, as a homestead. The issues will sufficiently appear in the opinion.
1Opinion of the CourtGiven, J.
I. There is no dispute as to the material facts, the substance of which is as follows: Alice R. Pen-field was the wife of B. A. Allen, with whom she resided alone on the property in question, as their homestead, they having no children. The defendant Alice brought an action for divorce and alimony against B. A. Allen, and pending the action it was agreed between them that in case a decree of divorce was granted she should have the property in question, in full of alimony; and thereupon Mr. Allen executed a deed for said property to her, dated March 9, 1895,' and deposited it with her…
2Cases cited1 opinion
- Woods v. DavisSupreme Court of Iowa · 1872
3Cited by3 opinions
- Fullerton v. SherrillSupreme Court of Iowa · 1901
- Armstrong-McClenahan Co. v. RhoadsSupreme Court of Iowa · 1917
- Claeys v. KoeppelSupreme Court of Iowa · 1972