Leonard v. Ingraham & Marshall
Supreme Court of Iowa
Appeal from Linn District Court. The petition states the defendants, Ingraham & Marshall, recovered a judgment in the District Court, on the 28th day of March, 1876, against D. O. and Rebecca J. Acldey; that in 1879 an execution was issued on said judgment, and levied on certain real estate, which belongs to the plaintiff; that Rebecca J. Acldey at one time owned the real estate and occupied the same with her husband, D. O. Acldey, as their homestead, and the same was…
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Appeal from Linn District Court. The petition states the defendants, Ingraham & Marshall, recovered a judgment in the District Court, on the 28th day of March, 1876, against D. O. and Rebecca J. Acldey; that in 1879 an execution was issued on said judgment, and levied on certain real estate, which belongs to the plaintiff; that Rebecca J. Acldey at one time owned the real estate and occupied the same with her husband, D. O. Acldey, as their homestead, and the same was conveyed by the Ackleys to the plaintiff in March, 1877. The relief asked was that defendants be restrained from selling the…
1Opinion of the CourtSeevers, J.
The title to the premises in controversy was in Mrs. Ackley in 1871, and so remained until the conveyance in March, 1877, to the plaintiff, her father. He furnished the means to purchase the homestead and caused the *407same to be conveyed to her. The plaintiff seems to rely to some extent on this fact. But we think it immaterial how Mrs. Ackley acquired the title, unless she did so by fraud.
1. HOMESTEAD: abandonment of: judgment liens. Mrs. Ackley and her husband occupied the premises as their homestead until 1875, when Mr. Ackley went to Ne-braska, and engaged in business there and has ever…
2Cited by3 opinions
- Stephens v. Holbrook (In Re Stephens)Bankruptcy Appellate Panel of the Tenth Circuit · 2009
- Clark v. EvansSouth Dakota Supreme Court · 1894
- Perry v. DillranceSupreme Court of Iowa · 1892