Farr v. Reilly
Supreme Court of Iowa
Appeal from Hancock Circuit Court. The plaintiff holding a mortgage upon 160 acres of land in Hancock county, executed by the defendant Reilly and one Nugent, brought this action to foreclose his mortgage and obtained a judgment and decree against both the mortgagees, and a special execution was issued, and the mortgaged land was sold to the plaintiff.
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Appeal from Hancock Circuit Court. The plaintiff holding a mortgage upon 160 acres of land in Hancock county, executed by the defendant Reilly and one Nugent, brought this action to foreclose his mortgage and obtained a judgment and decree against both the mortgagees, and a special execution was issued, and the mortgaged land was sold to the plaintiff. Afterward, the defendant, Reilly, moved to set aside the sale upon the ground that he was the head of a family, and that the premises had constituted his homestead from a time antecedent to the rendition of the decree, and that his homestead…
1Opinion of the Court
Adams, Ch. J.
The defendant complains of the order because it did not set aside the entire sale, and because, also, it limited the homestead to an undivided half of forty acres.
It does not appear to have been expressly found by the court that the defendant Reilly had a homestead in the premises, but the order must have been based upon the theory that such was the fact.
1. HOMESTEAD: not set off: judicial sale. Now, if Reilly had been the sole owner of the quarter-section, and was occupying the same as the head of a family, it would seem clear, under the ruling in White v. Rowley, 46 Iowa, 680,…
2Cases cited2 opinions
- Mitchell v. HazenSupreme Court of Connecticut · 1823
- White v. RowleySupreme Court of Iowa · 1877
3Cited by7 opinions
- Jonas v. WeiresSupreme Court of Iowa · 1907
- Laraway v. LarueSupreme Court of Iowa · 1884
- Forrest Milling Co. v. Cedar Falls Mill Co.Supreme Court of Iowa · 1897
- Livasy v. State BankSupreme Court of Iowa · 1919
- Waterloo, Cedar Falls & Northern Railway Co. v. HarrisSupreme Court of Iowa · 1917
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