Rogers v. Raisor
Supreme Court of Iowa
Appeal from Wayne District Court. This is a proceeding for an injunction to restrain the sale under execution of the plaintiff’s homestead. The petition alleges in substance the following facts: In October, 1870, the plaintiff subscribed $100 to the Chicago & Southwestern Railway Company, and gave his promissory note therefor.
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Appeal from Wayne District Court. This is a proceeding for an injunction to restrain the sale under execution of the plaintiff’s homestead. The petition alleges in substance the following facts: In October, 1870, the plaintiff subscribed $100 to the Chicago & Southwestern Railway Company, and gave his promissory note therefor. At the time he made said subscription the plaintiff was a resident of Lineville, Iowa, was the head of a family, and owned a homestead of the value of $325 in said town, in which he resided with his family. In October, 1870,-the plaintiff sold his homestead in…
1Opinion of the CourtDay, J.
Our statute provides that the owner of a homestead may change it entirely, and that the new homestead, to the extent in value of the old, shall be exempt from execution in all cases where the old or former homestead would have been exempt. Code, § § 2000 and 2001. Under these sections it has been held that a new homestead, acquired with the proceeds arising from the sale of the old one, is exempt from judicial sale in all cases in which the former homestead would have been exempt. Sargent v. Chubbuck, 19 Iowa, 37; Thompson v. Rogers, 51 Id., 333; Pearson v. Minturn, 18 Id., 36. The laws of…
2Cases cited1 opinion
- Sargent v. ChubbuckSupreme Court of Iowa · 1865
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- Strawn Mercantile Co. v. First Nat. Bank of StrawnCourt of Appeals of Texas · 1925
- WM. Cameron & Co. v. AbbottCourt of Appeals of Texas · 1924
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