Linscott v. Lamart
Supreme Court of Iowa
Appeal from Washington District Court. The averments of the petition which are nécessary to an understanding of the case are, in substance, as follows: On tbe 22d day of April, 1873, plaintiff recovered a judgment against Samuel Ash and Joseph Ash, Jr., for $226. The defendant, Joseph Ash, Sr., became surety on a bond for stay of execution on said judgment. Joseph Ash, Sr., was at the time the owner of a farm of some seventy-one acres.
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Appeal from Washington District Court. The averments of the petition which are nécessary to an understanding of the case are, in substance, as follows: On tbe 22d day of April, 1873, plaintiff recovered a judgment against Samuel Ash and Joseph Ash, Jr., for $226. The defendant, Joseph Ash, Sr., became surety on a bond for stay of execution on said judgment. Joseph Ash, Sr., was at the time the owner of a farm of some seventy-one acres. At the expiration of the stay of execution, a general execution was issued and one-half of said land was levied upon and sold to plaintiff at-sheriff’s sale,…
1Opinion of the CourtRothrook, J.
1. homeoutíon/ judi'oiai saie. I. It appears from the evidence that Ash, with his family, occupied the premises as a homestead from about 1867 to 1871. He was thus in possession when he and his wife executed the mortgage to Lamart in 1869. He did not at any time make selection of any particular part of the land as a homestead and cause it to be recorded as provided by law. Both these parties, however, seem to concede that the homestead was the north part of the tract inasmuch, we suppose, as the dwelling house is situated on that part. The plaintiff caused the south half to be levied upon and…
2Cases cited2 opinions
- Wickersham v. ReevesSupreme Court of Iowa · 1855
- Wilhelmi v. LeonardSupreme Court of Iowa · 1862
3Cited by15 opinions
- McCleary v. EllisSupreme Court of Iowa · 1880
- Robert Moody & Son v. Century Savings BankSupreme Court of the United States · 1915
- Robinson v. CharletonSupreme Court of Iowa · 1897
- Edney v. JensenNebraska Supreme Court · 1927
- Gray v. NelsonSupreme Court of Iowa · 1889
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