Jones v. Currier
Supreme Court of Iowa
Appeal from Buchanan Circuit Court. Action in chancery to restrain the sale of certain land upon executions issued on judgments against plaintiff, Jones, on the ground that the land constituted plaintiff’s homestead. After a trial, plaintiff’s petition was dismissed. He and intervenors unite in an appeal to this court.
1Opinion of the Court
Beck, Ch., J.
j. homeveyanceto11' !y iiim to111 wife: abandonment. I. We suppose the circuit court held that the homestead, which plaintiff claims, had been abandoned by him by the sale thereof, though he continued to occupy it until its reconveyance to his wife, and thereafter until her death. His occupancy continued until the commencement ,oi this suit. We are not authorized to assume, in the absence of evidence, as plaintiff claims, that the conveyance by him was for the pur*534pose of vesting the title in his wife, and without any intention to abandon his homestead rights. Clearly, unless such…
2Cited by5 opinions
- King v. Superior CourtCalifornia Court of Appeal · 1936
- Allbright v. HannahSupreme Court of Iowa · 1897
- Duffy v. Glucose Sugar Refining Co.U.S. Circuit Court for the Southern District of Iowa · 1905
- Thompson v. SchalkSupreme Court of Iowa · 1940
- Reynolds v. VidorCalifornia Court of Appeal · 1941