Edmonds v. Davis
Supreme Court of Iowa
Appeal from Marion District Court. — HoN. J. D. Gamble Judge. * AotioN in equity for an injunction to restrain tbe sale under ’general execution of certain described premises on the ground that such premises constitute the homestead of plaintiff. The property in controversy consists of a fractional part of a lot in the city of Knoxville, on which is situated a two-story brick-veneered building, in size twenty by fifty feet, and fronting on the street line.
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Appeal from Marion District Court. — HoN. J. D. Gamble Judge. * AotioN in equity for an injunction to restrain tbe sale under ’general execution of certain described premises on the ground that such premises constitute the homestead of plaintiff. The property in controversy consists of a fractional part of a lot in the city of Knoxville, on which is situated a two-story brick-veneered building, in size twenty by fifty feet, and fronting on the street line. On the rear is a small addition, also two stories in height. The lower floor of the main building is in one room, and sinqe the year 1892…
1Opinion of the Court
Bishop, J.-
Tbe only question presented for our determination is whether tbe property levied upon forms a part of, or is so connected with tbe homestead of appellee, that tbe same is exempt from sale on execution. Under tbe policy of this state, homestead and other exemption statutes are to be given a liberal construction in favor of tbe persons for whose benefit they were enacted. It is not always easy, however, to make practical application, where, as in this case, it is sought to subject certain designated portions of a building which is used as a homestead or in connection therewith. One…
2Cases cited5 opinions
- Johnson v. MoserSupreme Court of Iowa · 1885
- Mayfield v. MaasdenSupreme Court of Iowa · 1882
- Cass County Bank v. WeberSupreme Court of Iowa · 1891
- Groneweg v. BeckSupreme Court of Iowa · 1895
- Smith v. QuiggansSupreme Court of Iowa · 1885
3Cited by3 opinions
- Olsen v. LohmanSupreme Court of Iowa · 1944
- Buckles v. MatsonSupreme Court of Iowa · 1916
- Geraty v. BarberSupreme Court of Iowa · 1920