Moninger & Ringland v. Ramsey
Supreme Court of Iowa
Appeal from Boone Circuit Court. F. C. Wood was the owner of a homestead in Boone county, in this State. She died in January, 1872, and by her will devised all her property to her three children. She owed debts contracted in New York before she acquired the homestead. In July, 1872, George Wood, one of the children, and a devisee under the will, made a mortgage upon an undivided one-third of the homestead. Appellants are the owners of said mortgage.
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Appeal from Boone Circuit Court. F. C. Wood was the owner of a homestead in Boone county, in this State. She died in January, 1872, and by her will devised all her property to her three children. She owed debts contracted in New York before she acquired the homestead. In July, 1872, George Wood, one of the children, and a devisee under the will, made a mortgage upon an undivided one-third of the homestead. Appellants are the owners of said mortgage. Appellee, as administrator of the estate of F. C. Wood, after the execution and recording of said mortgage, petitioned the court to sell the…
1Opinion of the Court
Rothrock, Ch. J.
*369x. -homestead: antecedent debts. *368Counsel for the parties, by agreement, *369submit tbe question for determination in this court, in tbe following clear and concise form: “Does the borne- . . stead descend to the issue of the owner, without regard to the rights of creditors, when claims are older than the homestead acquisition, and who could have subjected it to the payment of their claims if the owner had survived and held it ?”
Section 1992 of the Code, so far as applicable to the question, is in these words: “The homestead may be sold on execution for debts contracted prior to…
2Cited by7 opinions
- Rice v. BurkhartSupreme Court of Iowa · 1906
- In Re Estate of WarrenSupreme Court of Iowa · 1931
- Kite v. KiteSupreme Court of Iowa · 1890
- First National Bank v. WillieSupreme Court of Iowa · 1901
- Beatty v. WardellSupreme Court of Iowa · 1905
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