Legal Opinion

Johnson v. Moser

Supreme Court of Iowa

Decided October 11, 1887PublishedCited by 9 opinions

Appeal from Dubuque District Court — Hon. D. J. Line-iian, Judge. Action to partition real estate. A demurrer to tbe petition was sustained, and plaintiff appeals.

1Opinion of the CourtSeevers, J.

The defendant at one time was the owner of the north 43J feet of lot No. 41 in the city of Dubuque, on which is situated a four-story brick building, under which is a cellar. The plaintiff obtained a judgment against the defendant, and caused an execution thereon to issue and be levied on said real estate, which the defendant claimed was exempt on the ground that it was his homestead. A proceeding was commenced to determine the extent of the homestead right of the defendant, and this court held on appeal that “ the first and fourth stories of the brick building, and the cellar, (except that…

2Cases cited3 opinions

  1. McConnel v. KibbeIllinois Supreme Court · 1867
  2. Clark v. RichardsonSupreme Court of Iowa · 1871
  3. Johnson v. MoserSupreme Court of Iowa · 1885

3Cited by9 opinions

  1. Love v. BlauwSupreme Court of Kansas · 1900
  2. Smith v. RunnelsSupreme Court of Iowa · 1896
  3. Barr v. LamasterNebraska Supreme Court · 1896
  4. Traversy v. BellSupreme Court of Iowa · 1923
  5. Olsen v. LohmanSupreme Court of Iowa · 1944

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