Bills v. Mason
Supreme Court of Iowa
Appeal from Monroe District Court. On the 8th day of August, A. D. 1871, one D. G. Board-man purchased of one Westcott certain real estate in the town of Albia, and on that day entered into possession of the same, and continued to occupy said premises as his homestead until the 8th day of October, A. D. 1872, when he exchanged the same for the premises in controversy, and immediately entered into possession of the latter, and occupied the same as his homestead until the 20th…
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Appeal from Monroe District Court. On the 8th day of August, A. D. 1871, one D. G. Board-man purchased of one Westcott certain real estate in the town of Albia, and on that day entered into possession of the same, and continued to occupy said premises as his homestead until the 8th day of October, A. D. 1872, when he exchanged the same for the premises in controversy, and immediately entered into possession of the latter, and occupied the same as his homestead until the 20th day of July, 1874, when he sold and conveyed said last premises to the plaintiffs. As part consideration for the…
1Opinion of the Court
Servers, Ch. J.
t 1. homestead: prior debts. I. The homestead may bé sold on execution for debts contracted prior to the purchase thereof. Revision, section 2281, Code, section 1992. It, there-j 7 ' ' f0r6j follows that the property in controversy or new homestead is liable to be sold on execution, for the reason that the debt on which the judgment was rendered was contracted prior to the purchase or acquisition of such new homestead, unless the matters mentioned in the statement of facts change this necessary result. The testimony of the plaintiffs is, that they purchased the premises in good…
2Cases cited2 opinions
- Christy v. DyerSupreme Court of Iowa · 1863
- Blair & Co. v. MarshSupreme Court of Iowa · 1859
3Cited by12 opinions
- Felton v. SmithIndiana Supreme Court · 1882
- State Bank v. BrownSupreme Court of Iowa · 1909
- In Re StreeperUnited States Bankruptcy Court, N.D. Iowa · 1993
- Gregory Co. v. CaleSupreme Court of Minnesota · 1911
- Hansen v. JonesOregon Supreme Court · 1910
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