86 Iowa 424 | Iowa | 1892
The testimony shows that the family resided in Omaha from 1882 to 1889, a little over seven years. Mrs. Dillrance, during her residence in Omaha, often expressed her intention to return to Dubuque to her old home “some time.” She testifies that she “was satisfied to remain [in Omaha] as long as the folks were doing well, and until we got ready to come
Without going into the evidence in detail, it may be said that, as a whole, it shows that, after the Dillrances had resided in Omaha a year or so, there-was nothing in the acts or conduct of Mrs. Dillrance to indicate that she ever expected to return to Dubuqueto occupy her old homestead, except her statements, from time to time, that she intended to do so some time.. In brief, this is a case where the husband abandoned the Iowa homestead, and moved to another state. His wife went with him. He established a residence there, and became in all respects a citizen of Omaha. Neither of them occupied or used the Dubuque homestead during the seven years they resided in Omaha, except as a storage place for a few articles of furniture, most of which were either moved to Omaha soon after they went there, or sold. After their first year’s sojourn in Omaha, no time was ever fixed by Mrs. Dillrance for their removal to Dubuque. It was one of those cases where there was on her part an expressed intention to return, but the time was as uncertain at the end of seven years as it had been at the outset. Where, as. in this case, the husband abandons the homestead, becomes a citizen of another state, resides there continuously with his wife and family for over seven years, without a definite time or plan for a return, it shows an abandonment of the Iowa homestead by the wife.
Since the trial of this case in the district court the ■defendant J. W. Dillrance has died. Counsel for all the parties have agreed that his executor, widow, and devisees may be substituted as parties defendant, which is ordered done. The judgment of the district court ÍS AFFIRMED.