Cavender v. Heirs of Smith
Supreme Court of Iowa
Appeal from the Des Moines District Court. This is an actioa of right, brought by Cavender against ■Jeremiah Smith, for eighty acres of land in Des Moines •■county. -Pending the action, Smith died, and his heirs were substituted as defendants.
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Appeal from the Des Moines District Court. This is an actioa of right, brought by Cavender against ■Jeremiah Smith, for eighty acres of land in Des Moines •■county. -Pending the action, Smith died, and his heirs were substituted as defendants. Both parties claim title under ■the said Smith, the defendants as Ms heirs, and the plaintiff ¿under a judgment against the said Jeremiah, execution thereon, sale and sheriff’s deed to James W. Grimes, and a •conveyance from Crimes to him. If this sale was valid, then it is conceded that plaintiff should recover j otherwise, mot. The facts connected…
1Opinion of the CourtWeight, C. J.
Several questions are presented for our adjudication. We regard all of them, however, as subordinate to, and dependent upon, a principal one; and without referring in detail to these minor questions, we shall come at once to consider that which must determine finally the title to this property, and settle the rights of the parties thereto.
That question is, did the sheriff have the power to levy upon and sell this land, and did the plaintiff’s grantor acquire any title thereby, under the circumstances disclosed in this record ? The defendant claims that this land was the homestead of Smith, or…
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