223 N.W. 527 | Iowa | 1929
The property in controversy is Lots 4, 5, and 6, Lot 1 in Lot 2 in Lot 15, and Lot 14, except 220 feet off the east end, all in the southwest quarter of the southwest quarter of Section 4-78-13. Plaintiff also owns Lot 12 in Lot 13 in 1. HOMESTEAD: the same subdivision. His residence is on this property latter lot, and though it is more than one-half constitu- acre in extent, no part of it was levied on. The ting: town lots in controversy, however, are immediately property contiguous to Lot 12, though defendants make exceeding some claim to the contrary. The 40 acres just half acre. mentioned were subdivided in 1876 into 13 lots, varying in size from 1 acre to 7 1/2 acres. The south 15 rods of the 40 constituted Lot 13 of the subdivision. The remaining north 65 rods of the 40 were subdivided into 12 lots. The first six, numbering from east to west, were each 65 rods in length, north and south; the easterly one, 9 rods and 21 links; and the other five, 4 rods and 23 links in width, east and west. West of these in the same subdivision were 6 lots, very irregular in shape, direction, and area, varying from less than 2 acres to nearly 5 in area. No streets or alleys are shown on the map of this subdivision. Defendants insert in their argument a purported copy of another plat of the 40, from which it appears that the south portion of Lots 1 to 6 is separated as Lot 14, of
South of Church Street are town plats. Numerous plats appear in evidence or in the arguments. They are confusing, and little effort was made in the offers of evidence to integrate them. One or more of them, of contiguous lands, made by the owner of the subdivisions under consideration, were plainly town plats. The same owner made original subdivision of the 40 and that of Lot 13. The density or sparseness of the population in the vicinity, or elsewhere, and the location of business and residence districts, do not appear. The corporate limits extend three fourths of a mile west and one mile south of Lot 12.
Plaintiff bought Lot 12 in Lot 13 in 1891, built his house on it in 1892, and has occupied it ever since. He acquired between 1890 and 1906 the parcels in controversy, and used them in connection with Lot 12 in Lot 13 for farming purposes, including the raising and keeping of chickens, horses, cattle, and hogs. Some seasons, he fed 300 or 400 hogs on the property. He kept from one to four horses. The buildings were on Lot 12. Where, or their character, is not shown, further than inferentially, that they were quite substantial farm buildings. The lots in question are hilly, have a slough upon them, and are without buildings, except a shack 12 by 16, which was put upon it in 1922 by Charles Shaffer, to whom plaintiff rented the premises under lease from year to year, extended to March 1, 1928. Shaffer lives alone in the shack. Shaffer also put on two or three chicken houses. Plaintiff reserved the right to pasture a cow on the leased property. Plaintiff ceased feeding hogs in 1906, and has had no cattle since 1918, or cows since 1920. The cow pastured pursuant to arrangement with Shaffer, was one owned by plaintiff's son-in-law, the milk from which was shared by the two families. There is no evidence of the value of any of plaintiff's *705
property. We judicially know that Deep River in 1890 was a town of about 291 inhabitants, in 1900, about 403, and now about 640.Ferrell v. Ellis,
Plaintiff never had his homestead platted. Defendants gave no notice to plat, as required by Section 10139, Code of 1927, nor were any proceedings taken as provided by that and the following sections. The homestead, though limited to one-half acre, might be so platted as to include part of the property levied on. The execution sale in controversy was, therefore, void. Lutz v.Ristine Ruml,
Section 10136, Code of 1927, reads:
"If within a city or town plat, it [homestead] must not exceed one-half acre in extent, otherwise it must not contain in the aggregate more than forty acres; but if, in either case, its value is less than five hundred dollars, it may be enlarged until it reaches that amount."
The purpose of this section is to limit an urban homestead, — one in a city or town plat, used for the purpose of a home or residence, as distinguished from a rural home, used in connection with the business of farming, or allied occupation, — to one-half acre, if of the value of $500. The platting to which Section 10136 has reference is a platting for the purposes for which lots in a city or town are ordinarily held, owned, or used. Mere subdivision is not platting, within the meaning of that section. Farm lands are frequently subdivided. The platting must be such as, in the circumstances, to show an intention to devote the land to the purposes for which the lands in a municipality are ordinarily used. McDaniel v. Mace,
The temporary leasing of a part of the homestead is not, of itself, a cessation of its good-faith use as part of the same homestead. The homestead exemption is a humane provision of the law, made for the benefit of the aged and 2. HOMESTEAD: infirm, and for women and children, as well as abandonment: for young and vigorous men. It is for the temporary benefit of the family. First Nat. Bank v.
leasing. Hollinsworth,
ALBERT, C.J., and STEVENS, De GRAFF, and WAGNER, JJ., concur.