Finley v. Dietrick
Supreme Court of Iowa
Appeal from, Dubuque District Court. 1. The indebtedness of Finley upon which Dietrich’s judgment was obtained was of a date subsequent to the selection and occupancy by Finley of his homestead. The homestead law was in full force when the debt was contracted, and entered into, and formed a part of the contract. Bridgman v. Wilcox, 4 G. Greene 563. 2. By chap. 41, p. 103, Code of 1851, an individual proprietor of land is authorized to lay out a village plat thereon.
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Appeal from, Dubuque District Court. 1. The indebtedness of Finley upon which Dietrich’s judgment was obtained was of a date subsequent to the selection and occupancy by Finley of his homestead. The homestead law was in full force when the debt was contracted, and entered into, and formed a part of the contract. Bridgman v. Wilcox, 4 G. Greene 563. 2. By chap. 41, p. 103, Code of 1851, an individual proprietor of land is authorized to lay out a village plat thereon. The words “ town plat,’’ and “ village plat,” are employed in a convertable sense in that chapter, and in fact and in law are…
1Opinion of the CourtBaldwin, J.
The defendant Dietrick obtained a judgment against the complainant upon a contract dated July, 1857, and upon which judgment an execution had been issued and the defendant Summers was about to proceed as marshal, to levy upon and sell certain real estate which the complainant claimed as his homestead, and as exempt from judicial sale. *518The complainant commenced to occupy the premises claimed as exempt in April, 1857; previous to the date of the contract upon which the judgment of Dietrick was obtained. The property claimed contains about six acres, and was located outside of the original town…
2Cited by11 opinions
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- McDaniel v. MaceSupreme Court of Iowa · 1877
- Barber v. RorabeckMichigan Supreme Court · 1877
- Chambers v. PerrySupreme Court of Arkansas · 1886
- Baldwin v. RobinsonSupreme Court of Minnesota · 1888
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