179 Iowa 1215 | Iowa | 1917
The facts in the case are substantially as follows: The plaintiffs each secured judgments against the defendant George W. Adams on the 7th day of February, 1913; the German Bank, on May 2, 1913. The judgment in the Perry case was founded on a note executed by George W. Adams, dated November 31, 1909. The judgment in the German Bank case was on three promissory notes executed by George Adams, dated December 7, 1909. There is no question raised in the case over the judgments or the date of the notes upon which the judgments are founded, nor as to the time when the indebtedness accrued on which the judgments were founded. Section 2976 of the Code of 1897 provides :
“The homestead may be sold on execution for debts contracted prior to its acquisition.”
The contention of the plaintiffs is that the defendant George W. Adams acquired his title and ownership to the property in question by devise under the will of one Alexander Adams, about the month of October, 1911, and that the homestead character of said property claimed by defendant did not attach thereto until the month of September, 1911. The contention of the defendant Adams is that the homestead character attached to, and he became invested
“The homestead of every family, whether owned-by the husband or wife, is exempt from judicial sale, where there is no special declaration of statute to the contrary.”
The question presented here for our consideration is: Did the homestead rights of Adams in the property in controversy attach a,fter the debts were contracted upon which these judgments were entered?
George W. Adams, the defendant, was raised in the home of one Alexander Adams and wife, but was not their child, nor was he ever adopted by them. Alexander Adams moved from Illinois to Iowa when the defendant was a small boy. He settled on a farm of 280 acres, about 4 miles from the town of Walnut, and was there engaged in farming and stockraising until 1887, when he left the farm and moved to the property in controversy.' He lived in this property with his wife until 1900, at which time she died. After the death of his wife, he continued to make the property his home until his death, in 1911. Up to the time Alexander and his wife moved to this home, defendant was unmarried, and resided with them on the farm place, and, we táke it, was treated, in all respects as a son. It appears, however, that, at the time the old folks moved from the farm
George Adams’ testimony discloses that he lived at the place in controversy and on this farm with the elder Adams ever since 1872; that he Avent to this home in Walnut in 1896, and stayed there continuously since then. He says:
“I fii’st learned of this property ixx 1887, at the time the purchase Avas xxiade. I was then contemplating marriage. The old folks were talking of leaving the farm, and had several properties in view. One night in August, 1887, Mr. Packard stopped me on the street and said to xne, ‘Do you want the Green property?’ I told him I didn’t know
Upon this point, he testifies:
“I was married in 1887. Alexander Adams’ notes were given to Mr. Green for the balance of the purchase price of , this property. The title to the property was taken in the name of Alexander Adams. It was taken on an understand- ’ ing between me and him that Green was to take notes given in the name of father (Alexander Adams). Mine wouldn’t go at that time. No one ever repaid me the consideration furnished by me for the payment ’on this homestead. From 1896, the time I moved from the farm, I have lived in this property continuously. * * * The old folks left the farm in 1887 and went to this home in Walnut. I remained on the farm. At the time the property was bought, the old folks were still on the farm. I was married before the deed was made. When the old folks left the farm, the stock and implements were left on the place under what you might call a family partnership arrangement. We kept everything, then divided the proceeds sometimes, and sometimes we used what might be his, and sometimes we used what might be mine. I used my own judgment in running the farm. This arrangement continued until 1896. The arrangement for running the farm was made in the fall of 1887. Father’s stock and farm implements remained on the farm during the time I occupied it. In 1896, Alexander Adams had a sale on the farm and I moved to town. At that time, tlie old gentleman and his wife were living in the place in town, and my wife and I went there to live with them. From 1887 to 1896, the old folks, had the place in town furnished after the fashion of old people that move to town. They had their own furniture during that period.
It further appears that Alexander Adams paid all the taxes on this home property until the time of his death; that George Adams never paid any taxes during the years 1900 and 1911, inclusive. On December 5, 1910, Alexander Adams executed his will, in which he bequeathed to George W. Adams the house and lot in controversy, with the furniture and books therein. This will was duly admitted to probate in September, 1911, soon after the old gentleman’s death. It is the contention of the plaintiffs that this record discloses that the property in question was the property of Alexander Adams at the time of his death; that Alexander occupied the property as his home, with his wife, until her death in 1900, and continued thereafter to occupy it as his home, until his death in 1911; that the defendant acquired no interest in the property upon which he could predicate a homestead right until he acquired title through the devise made in Alexander Adams’ will in 1911; and that this was after the indebtedness had accrued upon which plaintiffs rely.
This record shows: That in 1887, defendant purchased the' property; that he paid $100 down to bind the bargain;
We think this record discloses the following ultimate facts: That the defendant purchased this property from Green, through Packard, in 1887; paid $100 down to bind the purchase price; that the purchase price was $1,000; that. Alexander Adams, his foster father, gave his notes to secure the balance of the purchase price; that, to secure him. for so doing, under some arrangement between him and the defendant, the legal title was taken in the name of Alexander Adams; that the balance of the purchase price, as
As militating against this finding are the facts appearing in the record, that Alexander and his wife entered into the possession of this home immediately after its purchase and continued to occupy it until their deaths; that Alexander Adams paid the taxes during the years intervening between the year of the purchase and his death; that the title stood in the name of Alexander until his death; that Alexander Adams made this will in which he spoke of the property as his homestead. However, we do not think this is sufficient to call for a different conclusion. The district court found for the defendant. The relationship existing between Alexander Adams and the defendant accounted for much that might militate against) the defendant’s claim. The fact that Alexander Adams, upon his death, made this will giving the legal title to this defendant., emphasizes, rather than contradicts, the conclusion we have reached. The authorities are to the effect that the homestead right is not altogether dependent upon the legal title. One occupying under a bond for a deed may acquire homestead rights in the property occupied. One may acquire homestead rights in property even when the vendor retains the legal title as security for unpaid purchase money.
Though the matter is not entirely free from doubt, we are constrained to say that, after a review of this record as written, and a consideration of facts inferentially appearing therein, we are not justified in disturbing the action of the district court, and therefore affirm the same. — Affirmed.