Smith v. Eaton
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. Sarah B. Eaton was the owner in fee of certain real estate in Decorah, which she, with her husband, the defendant H. H. Eaton, occupied as a homestead. She died intestate February 21, 1876, without issue. The family consisted of the husband and wife only. On the 25th day of May, 1876, the defendant, the First National Bank of Decorah, recovered a judgment against said H. II. Eaton for two hundred and twenty-seven dollars.
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Appeal from Winneshiek Circuit Court. Sarah B. Eaton was the owner in fee of certain real estate in Decorah, which she, with her husband, the defendant H. H. Eaton, occupied as a homestead. She died intestate February 21, 1876, without issue. The family consisted of the husband and wife only. On the 25th day of May, 1876, the defendant, the First National Bank of Decorah, recovered a judgment against said H. II. Eaton for two hundred and twenty-seven dollars. An execution was issued on this judgment, and the said homestead was sold at sheriff’s sale, the bank being the purchaser. On the 5th…
1Opinion of the CourtRothrock, J.
I. H. H. Eaton, the mortgagor, was the •only witness examined upon the trial in the court below. It appears from his testimony that after the death of his wife, and until the conveyance to Zuckmeyer, he did not intend to •abandon his homestead right in the premises. His acts were consistent with such intention. He occupied a part of the ■dwelling-house until after he madeihe conveyance. Although *490he leased part of the premises, yet he retained one room and occupied the barn up to the last of October, 1876. Although in cross-examination, in answer to specific questions, he stated that he…
2Cases cited3 opinions
- Meyer v. MeyerSupreme Court of Iowa · 1867
- Butterfield v. WicksSupreme Court of Iowa · 1876
- Wile v. WrightSupreme Court of Iowa · 1871
3Cited by5 opinions
- E. B. Piekenbrock & Sons v. KnoerSupreme Court of Iowa · 1907
- Lukin v. MarvelSupreme Court of Iowa · 1935
- Smith v. ZuckmeyerSupreme Court of Iowa · 1881
- Green v. RootDistrict Court, S.D. Iowa · 1893
- Ashby v. NineSupreme Court of Iowa · 1934