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Nye v. Walliker

Nye v. Walliker, 46 Iowa 306 (1877)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
June 15, 1877
Judges
Seevers
Citations
46 Iowa 306
Cited by 2
Headnotes
1. Homestead: lien of judgment. A judgment recovered against the wife, after the death of the husband, is not a hen upon the homestead, which was occupied as such both before and after his death. 2.,-: -: failure to plat. A failure to plat or have recorded the premises occupied as a homestead will not render them liable for debts incurred by the wife after the death of her husband.
Summary
Appeal from Clinton Circuit Court. The petition states that plaintiff is . the widow of Orville K. Nye, who died in 1868, owning the S, E. ¿ of Sec. 19, T. 82 N., 4 east; that previous to his death and for about five years the homestead of said Orville was on said premises, and that plaintiff has continued to live thereon and occupy the same as her homestead; that the house so occupied as a home is situate on the N. E. J of said S. E. and that the same, in April, 1873, was duly and properly set apart as her dower in the real estate of which her husband died seized; that in 1872 she contracted certain debts on which judgments have been rendered, and that, by virtue of certain executions issued thereon, the defendant is about to sell said homestead. An injunction was asked. The answer denies that said premises constituted the homestead of said Orville or the plaintiff, and that the same was exempt from judicial sale on the judgments referred to in the petition. It was also claimed that neither said Orville or the plaintiff had ever selected a homestead. The Circuit Court found for the plaintiff, and perpetually enjoined the sale of the premises. The defendant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Seevers

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Seevers, J.

It is established by the evidence: First. That the plaintiff is the widow of .Orville IL Nye, who, for some time previous to his death in 1868, owned the laud described in the petition. Second. That he occupied as his home for about five years a house on the N. E. J of the S. E. J of Sec. 19, T. 82, R. 4, and that plaintiff continued to occupy said house as her home after his death. Third. "While so occupying it she, in 1872, contracted certain debts. Fovn'th. That afterward said N. E. \ of S. E. J was set apart as her dower in the real estate of her deceased husband. Fifth. That neither the plaintiff nor her husband formally selected said premises as their homestead.

l.homestead: ment* juds Under these circumstances it is insisted that the premises claimed as a homestead are liable for the payment of said debts. But we have held otherwise in Briggs v. Briggs, 45 Iowa, 318 .

*308

2. — :-: plat.

*307 Having held that plaintiff is entitled to a homestead against *308 the execution plaintiffs, it becomes immaterial whether the plaintiff or her husband selected, platted or had the same recorded. A failure in this respect does

not make the homestead liable. Code, Sec. 1998.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 2 cases

View all citing references →
1917: 11927: 119172026peak 1917 · 1

Relies on it most ⓘ

  1. Coleman v. Bosworth180 Iowa 975 (1917)
  2. Commercial Savings Bank v. McLaughlin214 N.W. 542 (Iowa 1927)

Most recent

  1. Commercial Savings Bank v. McLaughlin214 N.W. 542 (Iowa 1927)
  2. Coleman v. Bosworth180 Iowa 975 (1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Briggs v. Briggs, 45 Iowa 318 (1876) 6

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