Kimball v. Wilson
Supreme Court of Iowa
Appeal from Wa/rren GvravÁt Court. Action to quiet title to part of tbe NW. ^ of tbe SW. ¿ of section 26, township 71, range 25', west. Tbe plaintiff avers that be is the owner of the same by virtue of an execution sale and sheriff’s deed. Tbe defendant, W. M. Wilson, avers that be is tbe owner by purchase and conveyance from one N. E. Wilson. There was a decree for tbe plaintiff. Tbe defendant appeals.
1Opinion of the CourtAdams, J.
*639i. homestead: abandonment of: faetseonstitutmg. *638Both parties claim through N. E. Wilson. Tbe execution sale to tbe plaintiff was made upon a judgment *639against N. E. Wilson, rendered by a justice of tlie peace, but a transcript of which was filed in the Circuit Court before the debtor sold and conveyed the land to the defendant. It follows that the plaintiff's title must prevail, unless the fact is as the defendant claims, that the premises at the time of the execution sale were exempt from execution. It is undisputed that, from a time prior to the rendition of the judgment until after the…
2Cases cited2 opinions
- Hale v. HeaslipSupreme Court of Iowa · 1864
- Phelps v. FinnSupreme Court of Iowa · 1877
3Cited by10 opinions
- Vittengl v. VittenglSupreme Court of Iowa · 1912
- Maguire v. HansonSupreme Court of Iowa · 1898
- Carter v. PickettSupreme Court of Oklahoma · 1913
- Schaffner v. CampbellSupreme Court of Iowa · 1924
- Arp v. JacobsWyoming Supreme Court · 1891
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