122 Iowa 561 | Iowa | 1904
Tbe only question presented for our determination is whether tbe property levied upon forms a part of, or is so connected with tbe homestead of appellee, that tbe same is exempt from sale on execution. Under tbe policy of this state, homestead and other exemption statutes are to be given a liberal construction in favor of tbe persons for whose benefit they were enacted. It is not always easy, however, to make practical application, where, as in this case, it is sought to subject certain designated portions of a building which is used as a homestead or in connection therewith. One thought clearly runs through all the adjudicated cases; that is, that the homestead, if such exists, should be preserved, and there can be no sale of any portion of the building if the result thereof .will be to unreasonably interfere "with the use and occupation of such homestead. It follows that each case presented must be determined in greater part upon the particular facts involved therein. Appellants in this case rely upon the cases of Mayfield v. Maasden, 59 Iowa, 517, and Johnson v. Moser, 66 Iowa, 536. In the former case the front portion of the first-story room was partitioned off and used as a grocery, restaurant, and saloon. The rear- room was used for storage only. The upper floor was used for residence purposes, and was reached by a stairway leading from the street, and partitioned off from the first-story room. The first story, saving the stairway, was held subject to execution.- In the latter case the building was four stories in height. The first story was used exclusively for business purposes, the second and third for residence purposes, and the fourth was unfinished. The first and
It follows that the decree should be and it is aekkbced.