Perry v. Adams
Supreme Court of Iowa
Appeal from Pottaioattamie District Oourt. — J. B'. Rockafellow, Judge. Action in equity to subject certain property to the payment of certain judgments held by the plaintiff. Defense, that the property is the homestead of the defendant. Reply, that the homestead character did not attach until after the debt accrued on which the judgments were founded. District court dismissed plaintiff’s petition. Plaintiff appeals.
1Opinion of the CourtGaynor, C. J.
1. Homestead : acquisition and establishment: equitable owner: preexisting liabilities. By agreement of parties, these two actions are argued and submitted together. Each action is brought to subject certain real estate to the satisfaction of certain judgments. The contention of the defendant is that the property sought to be subjected to these judgments is and was his homestead, and therefore exempt under the statute. The contention of the plaintiff is that the defendant did not acquire title to the property, and that the homestead character, if any, did not attach, until after the debts had…
2Cases cited8 opinions
- Thorn v. ThornSupreme Court of Iowa · 1862
- Hewitt v. RankinSupreme Court of Iowa · 1875
- Ring v. LundSupreme Court of Iowa · 1906
- Pelan v. De BevardSupreme Court of Iowa · 1862
- Stinson v. RichardsonSupreme Court of Iowa · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Andrews Et Ux. v. SEC. Bank of W. F.Texas Supreme Court · 1932
- American Savings Bank of Marengo v. WillenbrockSupreme Court of Iowa · 1929
- Marvin & Co. v. PiazzaOregon Supreme Court · 1929
- Kleinsorge v. ClarkSupreme Court of Iowa · 1942
- Rutledge v. WrightSupreme Court of Iowa · 1919
3 more not listed; retrieve them via the Exa API.