Newman v. Franklin
Supreme Court of Iowa
Appeal from Plymouth District Court. There was a demurrer to the petition, which was sustained, and the plaintiff appeals.
1Opinion of the CourtServers, J.
The petition states that on the first day of April, 1876, David and Margaret Phillips were the owners of the real estate in controversy, consisting of eighty acres; that they were husband and wife, resided on said land, and occupied the same as their homestead from the time above stated up to and long after the eighth day of December, 1879; “ that during said time their occupancy was uninterrupted,” and that they, “ during said time, did not abandon their said homestead, or any of their rights thereto;” that about April 1, 1876, they executed a mortgage on the premises in controversy to the…
2Cases cited5 opinions
- Fyffe v. BeersSupreme Court of Iowa · 1864
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1855
- White v. RowleySupreme Court of Iowa · 1877
- Burmeister v. DeweySupreme Court of Iowa · 1869
- Dunton v. WoodburySupreme Court of Iowa · 1867
3Cited by8 opinions
- Vittengl v. VittenglSupreme Court of Iowa · 1912
- Fardal v. SatreSupreme Court of Iowa · 1925
- Maguire v. HansonSupreme Court of Iowa · 1898
- Conway v. NicholsSupreme Court of Iowa · 1898
- Arnold v. MurphySupreme Court of Iowa · 1925
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