Morgan v. Rountree
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. A. R. Dewey, Judge. Appeal by the plaintiffs upon a certificate of the trial judge afe follows: “Where the judgment debtor, who is a resident of this state and the head of a family, is temporarily absent from her homestead for the period of one year for the purpose of educating her daughter, and voluntarily executes a lease of the homestead to a tenant during and for the period of said absence, are moneys which are due and owing to…
Read the full summary
Appeal from Jasper District Court. — Hon. A. R. Dewey, Judge. Appeal by the plaintiffs upon a certificate of the trial judge afe follows: “Where the judgment debtor, who is a resident of this state and the head of a family, is temporarily absent from her homestead for the period of one year for the purpose of educating her daughter, and voluntarily executes a lease of the homestead to a tenant during and for the period of said absence, are moneys which are due and owing to the judgment debtor from the tenant for the rent of said homestead accrued under said lease exempt from execution issued…
1Opinion of the CourtGiven, J.
I. It is the question certified, and that alone, which we are to decide. Though plain and pointed, the result is important, because of its effects, and demands careful consideration. We regret not to have the benefit of full arguments, but, as the appelleehas submitted without argument, we must 'forego the aid that would have come from a full discussion of the-question. It will be observed that there is no question of homestead, nor of abandonment, nor of the right to follow the proceeds of the lease into other property, involved. The leased premises were and continued to-be a homestead, and…
2Cases cited11 opinions
- Cobbs v. ColemanTexas Supreme Court · 1855
- Coates v. CaldwellTexas Supreme Court · 1888
- Alexander v. HoltTexas Supreme Court · 1883
- Bevan v. HaydenSupreme Court of Iowa · 1862
- Anderson v. McKayTexas Supreme Court · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Schwanz v. TeperWisconsin Supreme Court · 1974
- Bagnall v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1947
- In re SullivanCourt of Appeals for the Eighth Circuit · 1906
- Olmsted-Stevenson Co. v. MillerCourt of Appeals for the Ninth Circuit · 1916
- Haefer v. MullisonSupreme Court of Iowa · 1894
16 more not listed; retrieve them via the Exa API.