Sayers v. Childers
Supreme Court of Iowa
Appeal from Polls District Court. — IIon. S. F. Prouty, Judge. The petition alleged, in substance, that Mrs. A. D. Littleton had acquired a five-acre tract of land lying outside the city limits of Des Moines, February 21, 1889, and eontinuously occupied, it as a homestead from that time until its conveyance to plaintiff, August 27, 1898; that neither this nor any adjacent land had ever been platted, but had always been used for agricultural purposes; that by virtue of…
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Appeal from Polls District Court. — IIon. S. F. Prouty, Judge. The petition alleged, in substance, that Mrs. A. D. Littleton had acquired a five-acre tract of land lying outside the city limits of Des Moines, February 21, 1889, and eontinuously occupied, it as a homestead from that time until its conveyance to plaintiff, August 27, 1898; that neither this nor any adjacent land had ever been platted, but had always been used for agricultural purposes; that by virtue of chapter 1 of the Acts of the Twenty-third General Assembly, the said premises were taken within the city limits; that Childers…
1Opinion of the CourtLadd, J.
After Mrs. Littleton began to occupy the dive-acre tract of land as a homestead it was taken within the <city limits of Des Moines. But it had never been platted, .and was not included in a plat, so that, under section 1996 ■of the Code of 1873, it did not lose its character as a homestead. But this was repealed by the Code, October 1, 1897, providing that, “if within a city or town, it must not exceed one-half acre in extent.” Section 2978, Code. The only material change from the law as it previously stood was in the omission of the word “iffat” immediately after “town,” and this was…
2Cases cited14 opinions
- Adams v. BealeSupreme Court of Iowa · 1865
- Lubbock v. McMannCalifornia Supreme Court · 1889
- Bull v. ConroeWisconsin Supreme Court · 1860
- Snell v. SnellIllinois Supreme Court · 1888
- Burns v. KeasSupreme Court of Iowa · 1866
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First Congregational Church v. TerrySupreme Court of Iowa · 1906
- American Savings Bank of Marengo v. WillenbrockSupreme Court of Iowa · 1929
- In re the Estate of AdamsSupreme Court of Iowa · 1913
- White v. DanforthSupreme Court of Iowa · 1904
- Singleton v. National Land Co.Supreme Court of Iowa · 1918
3 more not listed; retrieve them via the Exa API.