Repenn v. Davis
Supreme Court of Iowa
Appeal from Pottawattamie District Court — Host. A. B. ThorNell, Judge. ActioN in chancery to enjoin the execution of a sheriff’s deed upon a sheriff’s sale of a lot, and for a decree declaring the judgment not to be a lien thereon. Upon the final hearing plaintiff’s petition was dismissed, and she appeals.
1Opinion of the CourtBeck, J.
I. The ground upon which plaintiff asks the relief prayed for in his petition is that the property sold upon the execution was the homestead of her grantors, and therefore exempt from the lien of the judgment and the sale thereon. There can be no controversy that at the time the judgment was rendered the property was occupied by plaintiff’s grantors as a homestead. But it is insisted that because of its abandonment it ceased to retain that character. The only question in the case is, did plaintiff’s grantors abandon the property as a homestead, and cease to entertain an intention to reoccupy…
2Cited by15 opinions
- Smith v. SpaffordNorth Dakota Supreme Court · 1907
- Fardal v. SatreSupreme Court of Iowa · 1925
- Maguire v. HansonSupreme Court of Iowa · 1898
- Vickery v. First Bank of LaCrosseCourt of Appeals of Minnesota · 1985
- Rand Lumber Co. v. AtkinsSupreme Court of Iowa · 1902
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