Stinson v. Richardson
Supreme Court of Iowa
Appeal from the Boone Circuit Court. The plaintiff is the wife of the defendant, James Stinson, and is residing with him upon the sixty acres of land which is in controversy in this suit. This land was purchased by the said James Stinson, of one Dawkins for $1,800. About $1,200 or $1,400 of the purchase money was paid from the proceeds of a former homestead owned by said Stinson.
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Appeal from the Boone Circuit Court. The plaintiff is the wife of the defendant, James Stinson, and is residing with him upon the sixty acres of land which is in controversy in this suit. This land was purchased by the said James Stinson, of one Dawkins for $1,800. About $1,200 or $1,400 of the purchase money was paid from the proceeds of a former homestead owned by said Stinson. The purchase money not all being paid, Dawkins gave Stinson a bond for a deed, retaining the legal title for his security. Afterwards Stinson sold the land to the defendant, Richardson, who took possession of it…
1Opinion of the Court
Adams, J.,
I. It is claimed by the defendant Richardson, that not more than $900 of the proceeds of the former homestead was invested in the land in question, and that the exemption could not exceed that amount. It is admitted that the *375former homestead was worth about $1,200, but it is said that it was sold subject to a mortgage then on it amounting to $300. The homestead was sold to one Sebring, in connection with another forty acres, and the evidence shows that the mortgage was upon the latter forty acres.
We think, therefore, that not less than $1,200 of the proceeds of the former homestead…
2Cited by23 opinions
- Wheatley v. GriffinTexas Supreme Court · 1883
- Swearingen v. LahnerSupreme Court of Iowa · 1894
- Howell, Jewett & Co. v. McCrieSupreme Court of Kansas · 1887
- Spafford v. WarrenSupreme Court of Iowa · 1877
- Brunsdon v. BrunsdonSupreme Court of Iowa · 1924
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