Givans v. Dewey
Supreme Court of Iowa
Appeal from Muscatme District Oourt. On the 25th day of January, 1877, upon application of plaintiffs a temporary injunction was issued. Afterward plaintiffs filed their amended and substituted petition as follows: ■ “ 1. That these petitioners are husband and wife, and residents of Muscatine county, Iowa.
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Appeal from Muscatme District Oourt. On the 25th day of January, 1877, upon application of plaintiffs a temporary injunction was issued. Afterward plaintiffs filed their amended and substituted petition as follows: ■ “ 1. That these petitioners are husband and wife, and residents of Muscatine county, Iowa. “ 2. That in the year 1872 plaintiff J. W. Givans became the owner in fee simple of lots one and two, in block one of Miller’s addition to the town of West Liberty, Iowa, together with dwelling house thereon, and from said date until the-day of April, 1876, they occupied, with their family…
1Opinion of the Court
Day, Oh. J.
i .homestead: intention to create. The demurrer was, we think, properly sustained. "When the portion of said lots on which the building was situated was sold, and the north part of the . x lots was segregated therefrom, that part became incapable of use as a homestead. There remained, then, simply the intention to place these lots in condition for occupancy as a home at some fntui’e time. But mero intention to occupy a place as a homestead does not endow it with that character. The homestead character does not attach to property until it is actually used and occupied as a home.…
2Cases cited2 opinions
- Christy v. DyerSupreme Court of Iowa · 1863
- Neal v. CoeSupreme Court of Iowa · 1872
3Cited by11 opinions
- Drucker v. RosensteinSupreme Court of Florida · 1882
- First National Bank v. HollinsworthSupreme Court of Iowa · 1889
- Solary v. HewlettSupreme Court of Florida · 1882
- Mann v. CorringtonSupreme Court of Iowa · 1894
- Maguire v. HansonSupreme Court of Iowa · 1898
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