Helfenstein v. Cave
Supreme Court of Iowa
Appeal from the Van Burén District Court. Action to recover certain real estate, consisting of a tract of land and the appurtenances, with damages for the detention thereof.
Read the full summary
Appeal from the Van Burén District Court. Action to recover certain real estate, consisting of a tract of land and the appurtenances, with damages for the detention thereof. The plaintiffs recovered judgment against one "Wyman and the defendant Cave, as parties, at the September term of the district court, for the year 1851. An execution, issued under this judgment, was levied upon the real property in question, and it was bought by the plaintiffs, who now sue for possession. The defendant answered, pleading that tho land and appurtenances so levied on, constituted his homestead, at the time…
1Opinion of the CourtWoodward, J.
— It is a familiar and well established rule of pleading, that when a statute gives a new right or privilege, under certain circumstances, conditions or qualifications, the party claiming such right in his petition, or setting it up as a defence in his answer, must bring himself within the requirements of the statute; in other words, must, in his pleading, show that he comes within the circumstances, or possesses the conditions or qualifications named by the statute as requisite for holding the right or privilege. In the case of a homestead, that given by the statute in a town, and held for…
2Cited by2 opinions
- Goodrich v. BrownSupreme Court of Iowa · 1884
- Fulton v. JohnsonWest Virginia Supreme Court · 1884