136 Iowa 684 | Iowa | 1907
The plaintiffs are husband, and wife, and were so at all the times in question. In November, 1889, Martin Lutz, father of plaintiff, George E. Lutz, died, testate, and his will was duly probated. Said Martin Lutz died seised of an eighty-acre farm, situated in Linn county, ■ and this he bequeathed to his said son, one forty thereof known in the record as the front forty, in fee, and the other forty, known as the rear forty, a life estate. At the time, the building improvements were all on the front forty, and plaintiffs entered into possession, and thereafter down to the year 1897 made the place their home, occupying and cultivating the entire tract. In January, 1897, plaintiffs sold and 'conveyed the front forty to one Crum, and during the summer of that year they built a house on the rear forty, and then moved from the house on the front forty, which they had continued to occupy, to the new one. They continued to reside on the rear forty down to the year 1902, when they rented the place and moved into the city of Marion. In the year 1897, plaintiffs had become indebted to defendant on two promissory notes, given in settlement of an account for professional services, and these notes were reduced to judgment in the year 1904. Execution was caused to issue, and thereunder was sold the rear forty acres in question. Plaintiffs were present by attorney at the time of the sale, and protested against the same, claiming that the property was their homestead, and, as such, exempt from sale under general execution. Following the sale, this action was commenced to cancel and set aside the same, and this upon the sole ground that the property was not subject to sale because impressed with the homestead character.
It follows from what we have said that the decree appealed from was right, and it is affirmed.