Davis, Moody & Co. v. Kelley
Supreme Court of Iowa
Appeal from Blackhawk District Court. Kelley owned a house and lot in the town of Waterloo. He purchased it in 1856, and resided therein with his family, until in the summer of 1858. He then left it and removed to his farm some twelve miles distant. In March, 1860, he removed from his farm to Dubuque, for his wife’s health and to go .into business, with no definite idea when he should return.
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Appeal from Blackhawk District Court. Kelley owned a house and lot in the town of Waterloo. He purchased it in 1856, and resided therein with his family, until in the summer of 1858. He then left it and removed to his farm some twelve miles distant. In March, 1860, he removed from his farm to Dubuque, for his wife’s health and to go .into business, with no definite idea when he should return. In June of the same year, he returned to Waterloo, and in September moved into the premises which he formerly occupied. During his absence they had been rented, and after his return he could not sooner…
1Opinion of the CourtWright, J.
The general rule is, that to entitle a party to the homestead exemption, he must actually occupy and be in possession of the premises as a home. And under the Statute, a deduction from this general rule is, that if the husband executes a mortgage upon premises not thus actually used and occupied, it is good as against him, whereas, if it was upon that which constituted the homestead, it would be invalid as to both, if the wife did not join therein. But when the general rule is thus stated, it is not' to be understood that the property loses its homestead character, if left for a mere…
2Cases cited2 opinions
- Kurz v. BruschSupreme Court of Iowa · 1862
- Yost v. DevaultSupreme Court of Iowa · 1856
3Cited by11 opinions
- Fyffe v. BeersSupreme Court of Iowa · 1864
- Robinson v. CharletonSupreme Court of Iowa · 1897
- Boot v. BrewsterSupreme Court of Iowa · 1888
- In Re Estate of McClainSupreme Court of Iowa · 1935
- Maguire v. HansonSupreme Court of Iowa · 1898
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