Whalen v. Cadman
Supreme Court of Iowa
Appeal from Dubuque District Court. Replevin for two horses and a set of harness, which plaintiff claims as exempt from execution. The proof upon the only controverted point was this: “Plaintiff, before the seizure of the property, rented a farm and moved on to the same with his brother and his brother’s wife, he; plaintiff being unmarried. The two brothers worked the farm on shares, with no express agreement as to the amount each was to receive.
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Appeal from Dubuque District Court. Replevin for two horses and a set of harness, which plaintiff claims as exempt from execution. The proof upon the only controverted point was this: “Plaintiff, before the seizure of the property, rented a farm and moved on to the same with his brother and his brother’s wife, he; plaintiff being unmarried. The two brothers worked the farm on shares, with no express agreement as to the amount each was to receive. He procured the brother’s wife to keep house for him, had the supervision of the house and procured and furnished the necessaries for house keeping…
1Opinion of the CourtWright, J.
The only question in this case is whether under the testimony the plaintiff is, in legal contemplation, “the head of a family; ” for to entitle him to the exemption claimed, he must occupy that relation. (Laws of 1854-5, chapter 61.) Our conclusion is that he is not, and that the court erred in its instructions to the jury o.n this subject.
■ The head of a family primarily is the husband or father. One may be such head however without being either. Thus the mother may become such upon the death of the husband. *228So a son having mother and brothers and sisters, or either, depending upon him for a…
2Cited by12 opinions
- Wilkinson v. MerrillSupreme Court of Virginia · 1891
- Hill v. FranklinMississippi Supreme Court · 1877
- Linton v. CrosbySupreme Court of Iowa · 1881
- Van Doran v. MardenSupreme Court of Iowa · 1878
- Fox v. Waterloo National BankSupreme Court of Iowa · 1905
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