Christy v. Dyer
Supreme Court of Iowa
Appeal from Blackhawk District Court. In June, 1857, defendant bought of plaintiff about 155 acres of land, located in three distinct subdivisions. The purchase money was near two thousand dollars, payable in one and two years. The purchaser executed a mortgage to secure the same, signed and acknowledged by himself, but not by his wife. He was, at the time, the head of a family, and designed making the land so purchased his home.
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Appeal from Blackhawk District Court. In June, 1857, defendant bought of plaintiff about 155 acres of land, located in three distinct subdivisions. The purchase money was near two thousand dollars, payable in one and two years. The purchaser executed a mortgage to secure the same, signed and acknowledged by himself, but not by his wife. He was, at the time, the head of a family, and designed making the land so purchased his home. His residence was not upon the land, however, nor did he occupy the same as a homestead until nearly two years after the purchase. In September, 1859, and after the…
1Opinion of the CourtWeight, J.
The following, among other instructions, was asked by plaintiff and refused: “ That if the jury find that the premises in question were not, at the time of the execution of said note and mortgage, occupied and used by said defendant and his family as a homestead, and were not for the'space of two years thereafter, so used and occupied, it is not necessary for the wife of s'aid defendant to join with him in the execution of the mortgage given to secure the ° purchase money to make said conveyance valid, and to divest the said defendant of his right to the exemption of said premises as against…
2Cases cited9 opinions
- Estes v. BrowningTexas Supreme Court · 1853
- Charless v. LambersonSupreme Court of Iowa · 1855
- Stone v. DarnellTexas Supreme Court · 1857
- Walters v. PeopleIllinois Supreme Court · 1859
- Wisner v. FarnhamMichigan Supreme Court · 1853
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3Cited by26 opinions
- Roby v. Bismarck National BankNorth Dakota Supreme Court · 1894
- Solary v. HewlettSupreme Court of Florida · 1882
- Hale v. HeaslipSupreme Court of Iowa · 1864
- Prout v. BurkeNebraska Supreme Court · 1897
- Brunsdon v. BrunsdonSupreme Court of Iowa · 1924
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