Bosworth v. Blaine
Supreme Court of Iowa
Appeal from Limn District Court. — Hon. Milo P. Smith, Judge. Adelia Coleman died February 5, 1904, seized of 116 acres of land incumbered for $2,000. After her death her surviving husband, N. R. Coleman, with his minor children, continued in occupancy.
Read the full summary
Appeal from Limn District Court. — Hon. Milo P. Smith, Judge. Adelia Coleman died February 5, 1904, seized of 116 acres of land incumbered for $2,000. After her death her surviving husband, N. R. Coleman, with his minor children, continued in occupancy. In 1913, defendant Blaine obtained judgment against Coleman and caused execution to issue and be levied on said land, and was about to sell the same when this action, was begun, praying that said sale be enjoined, for that said Coleman had only a homestead interest therein. On hearing, the petition was dismissed. The plaintiff appeals.—
1Opinion of the CourtLadd, J.
1. Homestead : surviving spouse: distributive share or homestead: presumption: election to overcome. The defendant Blaine obtained a judgment for $434.00 against N. R. Coleman, October 2, 1913, and caused execution to be levied on 116 acres of land on which Coleman had resided since 1880. It was in his wife’s name. She died in 1904, and the only issue is whether subsequent thereto he elected to take a homestead in lieu of his distributive share, Tfrg 40 acres on which the buildings are located are quite as valuable, if not more valuable than a third of the whole. Shortly after the wife’s…
2Cases cited9 opinions
- Egbert v. EgbertSupreme Court of Iowa · 1892
- McDonald v. YoungSupreme Court of Iowa · 1899
- In re the Estate of LundSupreme Court of Iowa · 1899
- Wold v. BerkholtzSupreme Court of Iowa · 1898
- Gray v. WrightSupreme Court of Iowa · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Watrous v. WatrousSupreme Court of Iowa · 1917
- Van Veen v. Van VeenSupreme Court of Iowa · 1931
- Corn Belt Trust & Savings Bank of Belle Plaine v. MaySupreme Court of Iowa · 1924
- Wadle v. Boston Market Co.Supreme Court of Iowa · 1923
- Mensinger v. HassSupreme Court of Iowa · 1949
5 more not listed; retrieve them via the Exa API.