Penn v. Clemans
Supreme Court of Iowa
Appeal from Delaware District Court. In 1857 and 1858, the plaintiff was the owner of the southeast quarter and the south half' of the northeast quarter of section nine, township eighty-eight, north of range four, west, and had been such owner for several years prior to that time.
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Appeal from Delaware District Court. In 1857 and 1858, the plaintiff was the owner of the southeast quarter and the south half' of the northeast quarter of section nine, township eighty-eight, north of range four, west, and had been such owner for several years prior to that time. During the plaintiff’s ownership thereof, and up to the present time, he had resided with his family on said land, in such manner as to constitute the statutory portion thereof (forty acres) his homestead. On the 25th day of November, 1859, the plaintiff selected his homestead, and caused it to be marked out,…
1Opinion of the CourtCole, J.
i. taxes: ^aws.® The important facts in this case occurred in the following chronological order: the assessment and levy of the taxes for the years 1857 and 1858; the platting and recording of the homestead in November, 1859; the decree sale of all the lands, except the homestead in December, 1859, and the sale for taxes (of 1857,1858) in February, 1863. At the dates of the levy of the taxes, the platting of the homestead and the decree sale, it was expressly provided by statute: that “ the homestead is liable to be sold for no taxes save that which is due on itself exclusively.” Code of…
2Cases cited6 opinions
- Dubois v. HepburnSupreme Court of the United States · 1836
- O'Brien v. CoulterIndiana Supreme Court · 1831
- Boyd v. EllisSupreme Court of Iowa · 1860
- Corporation of the City of Washington v. PrattSupreme Court of the United States · 1823
- Burton v. HintragerSupreme Court of Iowa · 1865
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3Cited by20 opinions
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Corning Town Co. v. DavisSupreme Court of Iowa · 1876
- Wright v. StraubTexas Supreme Court · 1885
- Martin v. ColeSupreme Court of Iowa · 1874
- Ashenfelter v. SeilingSupreme Court of Iowa · 1909
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