White v. Rowley
Supreme Court of Iowa
Appeal from Dallas Gwcrdt Gowrt. Action to set aside a sheriff’s sale of certain land, to-wit: the north forty acres of a government subdivision of eighty acres, which the plaintiff has owned and occupied as a homestead from a time antecedent to the contraction of the debt upon which the sale was made. The plaintiff’s house is upon the south forty acres, the part not sold. Prior to the sale the plaintiff attempted to make a selection of his homestead.
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Appeal from Dallas Gwcrdt Gowrt. Action to set aside a sheriff’s sale of certain land, to-wit: the north forty acres of a government subdivision of eighty acres, which the plaintiff has owned and occupied as a homestead from a time antecedent to the contraction of the debt upon which the sale was made. The plaintiff’s house is upon the south forty acres, the part not sold. Prior to the sale the plaintiff attempted to make a selection of his homestead. He caused it to be platted, but the plat was not recorded and is now' lost. As to what it showed the parties disagree. The plaintiff claims…
1Opinion of the CourtAdams, J.
1. homestead: píat.ldms 0± The selection made by the plaintiff must be disregarded. To render it valid the plat should have been recorded. Code, Sec. 1998.
2. --: fail-judicial sale. ‘ We are of the opinion, however, that no valid selection of a homestead having been made by the plaintiff it was incumbent upon the sheriff to set it off. It is provided in the section above cited that a failure of the owner to make a selection does not leave the homestead liable, but that the officer having the execution may cause the homestead to be marked off, etc. This is necessary, we think, to enable him to…
2Cited by14 opinions
- McCleary v. EllisSupreme Court of Iowa · 1880
- Lowell v. ShannonSupreme Court of Iowa · 1883
- Goodrich v. BrownSupreme Court of Iowa · 1884
- Lutz v. Ristine & RumlSupreme Court of Iowa · 1907
- Newman v. FranklinSupreme Court of Iowa · 1886
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