80 Iowa 272 | Iowa | 1890
— It appears from the evidence that more than forty years ago Aaron Hicks and William Hicks jointly entered and purchased from the United States about eight hundred acres of land in Monroe
An examination of these cases will show that the partnerships involved were either partnerships for the very purpose of buying and selling lands, or the property consisted of buildings used in part for mercantile purposes, or where the lands were expressly declared by the partners to belong to the firm as a firm. In such
It is further claimed that the deed from William Hicks to Aaron Hicks was fraudulent as to creditors, and that the undivided half of the land should be subjected to the payment of plaintiff’s claim. It was held in Thorn v. Thorn, 14 Iowa, 49, and in Hewitt v. Rankin, 41 Iowa, 35, that a tenant in common may claim and hold a homestead in undivided real estate. It appears from the evidence that, during the long period the family , have occupied the land, it has been regarded as a homestead. It could not have been alienated without the consent of the defendant Elizabeth Hicks. If William Hicks and Aaron Hicks had made an amicable partition of the land, and the whole title,in the homestead had been conveyed to the former, no creditor would have any just cause of complaint, no matter what they intended by their conveyance. They . did not partition, but they conveyed it all. to Douglas but the homestead, and what was conveyed was applied in payment of the claims of creditors. If this was
Aeeirmed.