Porter v. Perkins
Supreme Court of Iowa
Appeal from Hardin District Court. — Hon. J. R. Whitaker, Judge. On application of plaintiff, as administrator, the court ordered the sale of a portion only of a tract of land owned by the deceased at the time of her death for the payment of a claim filed against the estate, which there was no personal property to satisfy, holding that the balance of the tract had been the homestead of the deceased, and descended to her heirs, who wére made defendants' in the proceeding,…
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Appeal from Hardin District Court. — Hon. J. R. Whitaker, Judge. On application of plaintiff, as administrator, the court ordered the sale of a portion only of a tract of land owned by the deceased at the time of her death for the payment of a claim filed against the estate, which there was no personal property to satisfy, holding that the balance of the tract had been the homestead of the deceased, and descended to her heirs, who wére made defendants' in the proceeding, free from decedent’s debts. The plaintiff appeals.
1Opinion of the CourtMcClain, J.
It is conceded on both sides that Sarah Perkins, the deceased, about the year 1859 acquired title to the premises in controversy, consisting of a. fractional ^quarter quarter section including about forty-seven and one-half acres of land; and that she, with her husband, who survives her and is one of the defendants in this action, commenced to reside on this tract in 1863, and continuously resided and made her home thereon until her death, testate, in 1896. In the meantime the husband had acquired adjoining land, which was used for farming and stock raising, but no portion of the buildings or…
2Cases cited5 opinions
- Johnson v. GaylordSupreme Court of Iowa · 1875
- Lowell v. ShannonSupreme Court of Iowa · 1883
- Kite v. KiteSupreme Court of Iowa · 1890
- Maguire v. KennedySupreme Court of Iowa · 1894
- In re the Estate of CoulsonSupreme Court of Iowa · 1895
3Cited by1 opinion
- In re Estate of GuthrieSupreme Court of Iowa · 1918