Wright & Co. v. Ditzler
Supreme Court of Iowa
Appeal from Benton Circuit Court. The plaintiff recovered judgment against the defendant for the sum of $1,200, upon which execution was issued and levied upon the property in controversy. Thereupon the defendant served upon the jfiaintiffs and upon the sheriff a notice that he claimed the property levied upon as his homestead, and required the sheriff to set it off to him as such.
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Appeal from Benton Circuit Court. The plaintiff recovered judgment against the defendant for the sum of $1,200, upon which execution was issued and levied upon the property in controversy. Thereupon the defendant served upon the jfiaintiffs and upon the sheriff a notice that he claimed the property levied upon as his homestead, and required the sheriff to set it off to him as such. Referees were duly appointed, as by law required, to ascertain and report the facts to the court. The referees reported that the defendant, as the head of a family, is entitled to the property in controversy as his…
1Opinion of the CourtDay, J.
The report of the referees is as follows:
“ 1. The defendant, E. J\ Ditzler, is a married man, and the head of a family, with five minor children.
“ 3. That he is the owner of lots No. 10, 11, 13 and 1’3 in block 2 in the village of Luzerne, and also the east half of lot No. 1 in block 1, Tangeman’s addition, to Luzerne.
“3. That he acquired the ownership of lots No. 10, 12 and 13 in block 2 in the year 1867, of lot 11 in block 2 in 1868, and of the other tract or lot in Tangeman’s addition he became owner in 1870.
“4. That the lots 10, 11, 12 and 13 in block 2 are each thirty by ninety feet,…
2Cases cited1 opinion
- Rhodes, Pegram & Co. v. McCormickSupreme Court of Iowa · 1857
3Cited by7 opinions
- Mayfield v. MaasdenSupreme Court of Iowa · 1882
- Groneweg v. BeckSupreme Court of Iowa · 1895
- Olsen v. LohmanSupreme Court of Iowa · 1944
- Buckles v. MatsonSupreme Court of Iowa · 1916
- Arnold v. GotshallSupreme Court of Iowa · 1887
2 more not listed; retrieve them via the Exa API.