First National Bank v. Baker
Supreme Court of Iowa
Appeal from Jasper Circuit Court. This action was brought by the plaintiff as execution credtor of the defendant, Geo. W. Baker, to subject to the payment of the judgment certain premises occupied by the defendant, Geo. W. Baker and his wife, the defendant Hannah Baker, as a homestead.
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Appeal from Jasper Circuit Court. This action was brought by the plaintiff as execution credtor of the defendant, Geo. W. Baker, to subject to the payment of the judgment certain premises occupied by the defendant, Geo. W. Baker and his wife, the defendant Hannah Baker, as a homestead. The petition admits the homestead character of the premises, but avers that they are liable to execution upon the judgment because they were purchased by the defendant subsequently to the contraction of the debt upon which the judgment was rendered. The defendants deny that the premises are liable to execution…
1Opinion of the CourtAdams Ch., J.
i. homeSTEAD : liability for of proof. The only question presented in this case is as to whether the plaintiff had the burden of proving that the premises in question were not purchased with the , proceeds oí a former homestead, or whether the defendant had the burden of proving that they were. The defendants contend that the burden was on the plaintiff because the present homestead character being admitted, the premises were exempt unless they were purchased subsequently to the contraction of the debt, and unless also. they were not purchased with the proceeds of a former homestead, which,…
2Cited by16 opinions
- Dolan v. NewberrySupreme Court of Iowa · 1925
- Robinson v. CharletonSupreme Court of Iowa · 1897
- Boot v. BrewsterSupreme Court of Iowa · 1888
- Farmers & Merchants State Bank v. ShafferSupreme Court of Iowa · 1915
- Schaffner v. CampbellSupreme Court of Iowa · 1924
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