Pelan v. De Bevard
Supreme Court of Iowa
Appeal from the Dubuque District Court. Pelan leased to Snow certain premises for tbe term of five years, from and after tbe first day of April, 1855. Snow was to pay an annual rent of sixty dollars. It was further agreed that if Snow should erect a building suitable for a family, and a stable, on tbe leased premises, tbe lessor was to pay him at the expiration of tbe lease, the value of tbe same, to be estimated by persons to be chosen by tbe parties.
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Appeal from the Dubuque District Court. Pelan leased to Snow certain premises for tbe term of five years, from and after tbe first day of April, 1855. Snow was to pay an annual rent of sixty dollars. It was further agreed that if Snow should erect a building suitable for a family, and a stable, on tbe leased premises, tbe lessor was to pay him at the expiration of tbe lease, the value of tbe same, to be estimated by persons to be chosen by tbe parties. Snow did make the proposed improvements, and occupied tbe house, so erected, as bis homestead. On tbe 12th November, 1856, he made an…
1Opinion of the CourtWright, J.
— It is claimed by appellees that the premises constituted the homestead of De Bevard, and that the assignment by him to appellants was void, because his wife did not join in the conveyance. To this it is answered that De Bevard had but a leasehold interest, which is not a legal estate, and that a homestead cannot be carved out of it. This position we do not think tenable. The head of a family, who, as the owner of the homestead, is entitled to the exemption provided by statute, is not limited to any particular estate, either as to its duration or extent. The homestead is liable for taxes,…
2Cited by24 opinions
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- Hogan v. MannersSupreme Court of Kansas · 1880
- Fletcher v. KellySupreme Court of Iowa · 1893
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