Smith v. De Kock
Supreme Court of Iowa
Appeal from Marion District Court. — Hon. O. B. Ayeks, Judge. Action in equity to set aside a sheriff’s deed. Decree was entered dismissing plaintiffs’ petition. The plaintiffs appeal.
1Opinion of the CourtGiven, J.
*’ deed-'execu-homestead: m ’ I. The plaintiffs are husband and wife, and were the owners of a certain forty-acre tract of land upon which the dwelling of the family was situated. They also owned fifteen acres adjoining, the entire fifty-five acres being used and occupied together as the homestead of the family. At the time of the sheriff’s sale, John Smith was insane, and detained in the hospital at *536Mt. Pleasant. The defendant bad execution upon a judgment against John Smith, rendered upon an indebtedness which antedated the occupancy of the land as a homestead, which execution was levied…
2Cited by3 opinions
- Arnold v. MurphySupreme Court of Iowa · 1925
- In re EashDistrict Court, N.D. Iowa · 1907
- Weaver v. StaceySupreme Court of Iowa · 1898