Sloan v. Waugh
Supreme Court of Iowa
Appeal from Monroe District Court. Homestead right, as affected by statute of limitations: Revision, §2746, construed: petition in equity to restrain sale of homestead on execution. Tiie cause was submitted to the court upon an agreed statement of facts, of which the following is a condensed bat accurate abstract: 1st. The plaintiff and Wm. Sloan were married prior to June, 1857, and have ever since lived together as husband and wife. 2d.
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Appeal from Monroe District Court. Homestead right, as affected by statute of limitations: Revision, §2746, construed: petition in equity to restrain sale of homestead on execution. Tiie cause was submitted to the court upon an agreed statement of facts, of which the following is a condensed bat accurate abstract: 1st. The plaintiff and Wm. Sloan were married prior to June, 1857, and have ever since lived together as husband and wife. 2d. The property claimed as a homestead was acquired by Wm.-Sloan in 1850, and has ever since been used as a home, and is now so used. 3d. In 1837 or 1838,…
1Opinion of the CourtDillon, J.
1. Statute of limitations: another state. The statute (Rev., § 2281) makes the home-stead liable to “sale on execution for debts con, . tracced prior to the passage of this law (July 1st, 1851), or prior to the purchase of such homestead.”
The debt to the defendant’s testator was contracted in 1837 or 1838, which was a period long prior to the passage of the homestead act or the purchase of the homestead property.
The argument of the plaintiff’s counsel is bottomed wholly upon the proposition that the defendant’s debt was barred prior to the purchase of the homestead, or, at all events, was…
2Cited by7 opinions
- National City Bank v. GelfertNew York Court of Appeals · 1940
- Thompson v. ReadSupreme Court of Iowa · 1875
- Lloyd v. PerrySupreme Court of Iowa · 1871
- Chaloupka v. MartinSupreme Court of Iowa · 1917
- Petchell v. HopkinsSupreme Court of Iowa · 1865
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