Dunton v. Woodbury
Supreme Court of Iowa
Appeal from Marshall District Court. Suit in equity to enjoin the sale of an alleged homestead under execution. The plaintiff was formerly the wife of one Printz, and while she was so, and on the 13th of May, 1857, she acquired the title to a house and lot in Marshalltown- — -the property in controversy.
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Appeal from Marshall District Court. Suit in equity to enjoin the sale of an alleged homestead under execution. The plaintiff was formerly the wife of one Printz, and while she was so, and on the 13th of May, 1857, she acquired the title to a house and lot in Marshalltown- — -the property in controversy. The plaintiff, with her husband, Printz, and their children, lived upon the property as their homestead, for about two years after the purchase. ' They then rented the property in controversy, and moved to Indiantown in Tama county, and remained there for some time, but precisely how long is…
1Opinion of the CourtCole, J.
1. Homestead : abandonment. The sole question presented in this case is as to the abandonment of the homestead. That the property in Controversy was once the homestea(j 0f piaintiff is not denied. That the
indebtedness for the payment of which it is sought to be subjected was contracted while the plaintiff was not in actual possession of the property, is also admitted. It has been held by this court that it requires stronger and clearer proof of abandonment when the lien set up is claimed to have attached during actual occupancy, than where it arises when the party claiming the exemption was…
2Cases cited2 opinions
- Fyffe v. BeersSupreme Court of Iowa · 1864
- Davis, Moody & Co. v. KelleySupreme Court of Iowa · 1863
3Cited by6 opinions
- Robinson v. CharletonSupreme Court of Iowa · 1897
- Boot v. BrewsterSupreme Court of Iowa · 1888
- Maguire v. HansonSupreme Court of Iowa · 1898
- Newman v. FranklinSupreme Court of Iowa · 1886
- Wapello County v. BradySupreme Court of Iowa · 1902
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