McDaniel v. Mace
Supreme Court of Iowa
Appeal from, Dubuque District Court. Action for an injunction to restrain an execution sale. The plaintiffs claim that the property is exempt as a homestead. The property occupied consists of about three acres, and is within the city of Dubuque. The sheriff marked off as a homestead one-half acre, upon which the dwelling house stands, and levied upon the remainder. The land in question is lot No. 2 of subdivision of Mineral lots 186 and 187, in Julien township.
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Appeal from, Dubuque District Court. Action for an injunction to restrain an execution sale. The plaintiffs claim that the property is exempt as a homestead. The property occupied consists of about three acres, and is within the city of Dubuque. The sheriff marked off as a homestead one-half acre, upon which the dwelling house stands, and levied upon the remainder. The land in question is lot No. 2 of subdivision of Mineral lots 186 and 187, in Julien township. The subdivision was made by the county surveyor, under an act of the Legislature, passed in 1872. The land is outside of the original…
1Opinion of the CourtAdams, J.
i. homestead: extent of * town piati Whether the exemption is limited to half an acre must depend upon the construction which should be given to section 1996 of the Code. That section provides ^ that the homestead, if within a town plat, must not exceed one-half acre in extent. The plaintiffs contend that the property in question is not within a town plat. It certainly is within a town; but the land has never been platted.
The defendants’ theory is that a town plat means simply the territory of a town, and that the design of the statute is to limit the exemption to half an acre where the land…
2Cases cited1 opinion
- Finley v. DietrickSupreme Court of Iowa · 1861
3Cited by14 opinions
- Monaco v. BennionIdaho Supreme Court · 1978
- Hudson Township v. SmithIndiana Supreme Court · 1914
- Gannett v. CookSupreme Court of Iowa · 1953
- Beyer v. ThoemingSupreme Court of Iowa · 1890
- City of Caldwell v. RoarkIdaho Supreme Court · 1968
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