Legal Opinion

Crow v. Brown

Supreme Court of Iowa

Decided October 24, 1890PublishedCited by 21 opinions

Appeal from Adams District Court. — Hou. R. C. IIeNry, Judge. This is an action in equity by which the plaintiff seeks to enjoin the sale of certain real estate upon an execution against him, and in favor of the defendant Brown, upon the ground that the said real estate is exempt from execution and sale. There was a demurrer to the petition, which was sustained. The plaintiff appeals. To exempt future acquisitions is recognized as a state’s right in all the cases.

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Appeal from Adams District Court. — Hou. R. C. IIeNry, Judge. This is an action in equity by which the plaintiff seeks to enjoin the sale of certain real estate upon an execution against him, and in favor of the defendant Brown, upon the ground that the said real estate is exempt from execution and sale. There was a demurrer to the petition, which was sustained. The plaintiff appeals. To exempt future acquisitions is recognized as a state’s right in all the cases. Edwards t>. Kearzey, 94 U. S. 595; Gunn v. Barry, 15 Wall. 610. The pension law (Statutes, U. S., sec. 4747), enacted in 1866,…

1Opinion of the CourtRotiirock, C. J.

I. ■ In the month of October, 1875, the defendant Brown recovered a judgment against the plaintiff for the sum of four hundred dollars and •costs. At that time the plaintiff was insolvent. The plaintiff was a soldier in the war of the rebellion, and in the month of October, 1886, he received a pension from the United States on account of physical disability incurred while in the military service. He was allowed .and paid the sum of fourteen hundred and'forty dollars •as arrears of pension. Upon receiving the said sum of money he bought one hundred and twenty acres of land, for which he paid…

2Cases cited5 opinions

  1. Webb v. HoltSupreme Court of Iowa · 1882
  2. Baugh v. BarrettSupreme Court of Iowa · 1886
  3. Triplett v. GrahamSupreme Court of Iowa · 1882
  4. Foster & Hannum v. ByrneSupreme Court of Iowa · 1888
  5. Farmer & Sons v. TurnerSupreme Court of Iowa · 1884

3Cited by21 opinions

  1. McIntosh v. AubreySupreme Court of the United States · 1902
  2. State ex rel. Smith v. Board of County CommissionersSupreme Court of Kansas · 1931
  3. Bagnall v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1947
  4. Manning v. SprySupreme Court of Iowa · 1903
  5. Andrew v. Colo Savings BankSupreme Court of Iowa · 1928

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