162 Iowa 716 | Iowa | 1913
Some motions have been submitted with the case, which, in view of the final conclusion reached, will not be considered.
The merits involve but a single question of mixed law and fact, and that is: "Was the property in question exempt from execution ? L. T. Anderson, one of the defendants, held a judgment against the plaintiff herein, Arista Blair, for the sum of $119 and costs, which judgment was rendered by the district court of Carroll county, Iowa, on February 13, 1910. On July 10, 1912, an execution issued on said judgment to the sheriff of Carroll county, which was delivered to the deputy sheriff for service. Pursuant to said execution, the property in question, consisting of a horse, buggy, harness, and lap robes, was levied upon and taken possession of by this deputy in the name of his principal. After the levy, plaintiff gave notice to both the deputy and the sheriff that he claimed the property as exempt; and, as the officers failed to return it to him, he commenced this action of replevin, and thereafter a stipulation was made between the parties as to the custody of the property, pending the trial. Plaintiff claimed that, although a single man, he was the head of a family, and that he used the property in question for the purpose of supporting himself and to aid in obtaining a livelihood. The defendants denied that the plaintiff was the head of a family and denied that the property was exempt. These were the only issues in the ease, although defendants in argument claim that no sufficient notice was served upon them of plaintiff’s claim to the property before he began this suit.
Ordinarily where a widow occupies a homestead, with an adult child or children, she is regarded as the head of the family, although she may yield this to one of the sons, and if she does so, and the son in fact becomes the head and has and exercises supervisory of managerial powers, he may, in virtue of that relation, claim exemptions, as if he were in fact the head of a family of his own. But he has to establish such headship as against a presumption to the contrary.
The case was tried to the court, without a jury, and its findings have the same effect as the verdict of a jury. That being true, wé are constrained to hold that the judgment has such support that we are not' justified in interfering therewith.
On the .whole record, we are constrained to hold that there was no error justifying a reversal, and the judgment must be, and it is Affirmed.