Hale v. Heaslip
Supreme Court of Iowa
Appeal from Lee District Court. Action to foreclose mortgage made by Heaslip and wife, on part of lot 11, and tbe whole of lot 12, in block 100, in Keokuk, dated May 1st, 1860, and recorded on the 5tb of May, 1860. Among others, Frank & Sons are made defendants, and claim a lien paramount to tbe lien of tbe plaintiff’s mortgage. The contest is between tbe plaintiff, as mortgagee, and Frank & Sons, as judgment creditors of Heaslip.
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Appeal from Lee District Court. Action to foreclose mortgage made by Heaslip and wife, on part of lot 11, and tbe whole of lot 12, in block 100, in Keokuk, dated May 1st, 1860, and recorded on the 5tb of May, 1860. Among others, Frank & Sons are made defendants, and claim a lien paramount to tbe lien of tbe plaintiff’s mortgage. The contest is between tbe plaintiff, as mortgagee, and Frank & Sons, as judgment creditors of Heaslip. Tbe cause was tried before tbe Hon. Francis Springer, Judge, wbo found tbe facts as follows: “The Court finds that the defendant, Heaslip, purchased said premises…
1Opinion of the CourtDillon, J.
Notwithstanding Heaslip purchased the property in June, 1857, yet it did not become impressed with the character of a homestead or become exempt as such, until actual occupation, which was in March, 1859. The necessity of actual occupation in such cases was decided in Charless & Blow v. Lamberson, 1 Iowa, 435. See, also, to same effect, Holden v. Pinney, 6 Cal, 285, 625; Norris v. Moulton, 34 N. H., 392; Benedict v. Bunnell, 7 Cal., 245; Wisner v. Farnham, 2 Mich., 472; Williams v. Sweatland, 10 Iowa, 51; Philleo v. Smalley, 23 Texas, 498; Horn v. Tufts, 39 N. H., 478; True v. Morrill, 28…
2Cases cited10 opinions
- Charless v. LambersonSupreme Court of Iowa · 1855
- Samuel B. v. StoneTexas Supreme Court · 1857
- Christy v. DyerSupreme Court of Iowa · 1863
- Williams v. SwetlandSupreme Court of Iowa · 1859
- Lamb v. ShaysSupreme Court of Iowa · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re StreeperUnited States Bankruptcy Court, N.D. Iowa · 1993
- Gage v. NeblettTexas Supreme Court · 1882
- Robinson v. HughesIndiana Supreme Court · 1889
- Kimball v. WilsonSupreme Court of Iowa · 1882
- Elston & Green v. RobinsonSupreme Court of Iowa · 1867
12 more not listed; retrieve them via the Exa API.