Thorn v. Thorn
Supreme Court of Iowa
Appeal from Cedar District Court. Action of right to recover the undivided one-fourth of lot five in section 11, also of the N. E. a and N. a of S. E. £ and E. a 1ST. W. a of section 23, all in Township 82, N. Range 1, West.
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Appeal from Cedar District Court. Action of right to recover the undivided one-fourth of lot five in section 11, also of the N. E. a and N. a of S. E. £ and E. a 1ST. W. a of section 23, all in Township 82, N. Range 1, West. The action is founded upon the following, as the substance of the facts agreed upon between the parties: 1. That the plaintiff has the legal title to all of the above described lands, except what the defendant claims as a homestead. 2. That plaintiff purchased the same in October, 1858, ■ at sheriff’s sale on execution against defendant, and obtained a sheriff’s deed,…
1Opinion of the CourtLowe, J.
- It will be noticed that by the agreement of the parties the court below was limited in its decision upon the facts stated, first: to the abstract question whether the defendant was entitled to claim exempt from execution sale, a homestead in an undivided tract of land, in which other parties have an undivided interest, as tenants in common. -If so, then, secondly: whether the defendant can claim more than forty acres as a homestead ?
This last proposition is very clearly settled in the affirmative by § 2284, Rev. of 1860, to the effect that if the homestead is not within a town plat, it must…
2Cases cited1 opinion
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