Savings Bank v. Kennedy
Supreme Court of Iowa
Appeal from Winneschiek Circuit Court. AcTIoN to establish the lien of a judgment upon certain premises. Prior to the 8th day of May, 1880, the premises were owned by one Eaust, and on that day, they were conveyed by him to the defendant. While Eaust owned the premises, the plaintiff obtained against him the judgment in question. It did not, however, -become at once a lien upon the premises, because they were occupied by Faust and family as a homestead.
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Appeal from Winneschiek Circuit Court. AcTIoN to establish the lien of a judgment upon certain premises. Prior to the 8th day of May, 1880, the premises were owned by one Eaust, and on that day, they were conveyed by him to the defendant. While Eaust owned the premises, the plaintiff obtained against him the judgment in question. It did not, however, -become at once a lien upon the premises, because they were occupied by Faust and family as a homestead. Whether it became a lien upon the premises at all, depends upon whether Eaust abandoned them as a homestead, prior to the sale and conveyance…
1Opinion of the CourtAdams, J.
1. HOMESTEAD: abandonment of : what constitutes. In May, 1879, Eaust 'was engaged in the practice of the law in the town of Ossian. He was residing with family upon the premises in question, which consisted of a farm a short distance from the town. About that time he conceived the idea of removing to Dakota, and making a homestead claim upon government land. He went to Dakota, selected land for a-homestead, and made due application therefor under the homestead act. Some months later he built a shanty and made other small improvements. The evidence tends strongly to show that the application…
2Cited by6 opinions
- Thomson v. SmithSupreme Court of Iowa · 1900
- Hostetler v. EddySupreme Court of Iowa · 1905
- Beedle v. CowleySupreme Court of Iowa · 1892
- Robertson v. SullivanSupreme Court of Minnesota · 1883
- Carroll v. DawsonCourt of Appeals of Kentucky · 1898
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