Yates v. McKibben
Supreme Court of Iowa
Appeal from Davis Circuit Court. Action in chancery to enjoin defendant from selling, upon execution, certain land claimed by plaintiff as her homestead, and requiring him to summon a jury, as required by Code, § 2002, to determine her homestead rights in the land. A demurrer to the petition was sustained. Plaintiff appeals.
1Opinion of the Court
Beck, Ch. J.
I. Plaintiff alleges in her petition that she has a life estate in a certain eighty-acre tract of land, and upon the south “ forty” thereof is a house she occupies as a dwelling, and uses the whole of the land as her homestead; that she owns no other land; that defendant lias levied certain executions upon all of the land, and jiroposes to sell thereon the north “ forty,” having set off to plaintiff the south “ forty” as her homestead; that the south u forty” is worth more than $500, but that plaintiff’s interest in the whole tract, being a life-estate, is worth less than that…
2Cases cited2 opinions
- Hewitt v. RankinSupreme Court of Iowa · 1875
- Pelan v. De BevardSupreme Court of Iowa · 1862
3Cited by8 opinions
- Andrews Et Ux. v. SEC. Bank of W. F.Texas Supreme Court · 1932
- Calmer v. CalmerNorth Dakota Supreme Court · 1906
- American Savings Bank of Marengo v. WillenbrockSupreme Court of Iowa · 1929
- Rutledge v. WrightSupreme Court of Iowa · 1919
- American Savings Bank of Marengo v. WillenbrockSupreme Court of Iowa · 1929
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