Mayfield v. Maasden
Supreme Court of Iowa
Appeal from Marion District Court. Action in equity to establish the lien of a judgment upon certain premises, and to subject them to the payment of the judgment. The defendants, L. Maasden and Marie E. Maasden, aver that the premises constitute their homestead, and that as such they are exempt from execution.' The premises in question consist of a fraction of a lot in the city of Pella, on which is a two story brick building twenty-five by eighty feet with a basement.
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Appeal from Marion District Court. Action in equity to establish the lien of a judgment upon certain premises, and to subject them to the payment of the judgment. The defendants, L. Maasden and Marie E. Maasden, aver that the premises constitute their homestead, and that as such they are exempt from execution.' The premises in question consist of a fraction of a lot in the city of Pella, on which is a two story brick building twenty-five by eighty feet with a basement. The front room in the basement was at one time occupied as a barber shop. The defendants’ family lives in the building…
1Opinion of the CourtAdams, J.
The defendants insist that the case comes within the rule in Wright & Co. v. Ditzler, 54 Iowa, 620. In that case the building was held exempt as a homestead, notwithstanding the lower story was occupied as a store. It was thought to be distinguishable from Rhodes, Pegram, & Co. v. McCormick, 4 Iowa, 368, on account of the size and character of the building and the purpose for which it was originally intended. Some importance also was attached to the fact, that access to the second or residence story was had through the lower or business story, and through the business room itself, which…
2Cases cited2 opinions
- Rhodes, Pegram & Co. v. McCormickSupreme Court of Iowa · 1857
- Wright & Co. v. DitzlerSupreme Court of Iowa · 1880
3Cited by9 opinions
- Smith v. Guckenheimer & SonsSupreme Court of Florida · 1900
- Cass County Bank v. WeberSupreme Court of Iowa · 1891
- Olsen v. LohmanSupreme Court of Iowa · 1944
- Buckles v. MatsonSupreme Court of Iowa · 1916
- Arnold v. GotshallSupreme Court of Iowa · 1887
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