Delavan v. Pratt
Supreme Court of Iowa
Appeal from Jones District Court. This is an action in equity, brought by the plaintiffs, Lucretia S. Delavan, who is the widow, and the other plaintiffs, who are the adult children and heirs of George E. Delavan, deceased, against the minor children of said Delavan, deceased, and Addison W. Pratt and Jones & Shepherd, as judgment creditors of the said Delavan, deceased.
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Appeal from Jones District Court. This is an action in equity, brought by the plaintiffs, Lucretia S. Delavan, who is the widow, and the other plaintiffs, who are the adult children and heirs of George E. Delavan, deceased, against the minor children of said Delavan, deceased, and Addison W. Pratt and Jones & Shepherd, as judgment creditors of the said Delavan, deceased. The petition alleges that George E. Delavan, in his lifetime, was the owner of a certain described five acres of land; that he acquired title thereto by conveyance from the "defendant, A. W. Pratt, bearing date October 10th,…
1Opinion of the CourtCole, J.
I. It is nowhere stated in the pleadings at what time the decedent, George E. Delavan, commenced the occupation of the premises as a homestead; nor that they were not so occupied at the time of the erection of the brick house by Jones and Shepherd; nor is there any fact stated, whereby the judgment in favor of Pratt, which was rendered three years after the judgment in favor of Jones and Shepherd, is a lien upon the homestead, while the latter is not.
Upon the ground of demurrer, as to the forfeiture of the homestead right by the widow and children, on account of their abandonment of it, we…
2Cases cited5 opinions
- Christy v. DyerSupreme Court of Iowa · 1863
- Hale v. HeaslipSupreme Court of Iowa · 1864
- Redfield v. HartSupreme Court of Iowa · 1861
- Patterson v. LinderSupreme Court of Iowa · 1863
- Page v. EwbankSupreme Court of Iowa · 1865
3Cited by5 opinions
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- State Savings Bank v. ShinnSupreme Court of Iowa · 1906
- State v. MitchellMississippi Supreme Court · 1909
- Moffitt v. Denniston & Partridge Co.Supreme Court of Iowa · 1940
- Phelps v. FinnSupreme Court of Iowa · 1877