116 Iowa 242 | Iowa | 1902
Plaintiffs’ judgments were rendered on contracts made by defendant C. W. Atkins between June, 1896, and December 17, 1897. At that time the property sought to be subjected to the payment.of the judgments was the homestead of C. W. Atkins and wife and co-defendant, Ida P. January 10, 1898, Atkins and wife conveyed the property to defendant Young, and on the same day Young reconveyed to. Ida P. Atkins. These conveyances were voluntary, and the one to the wife has never been recorded. Plaintiffs’ judgments were rendered in the years 1898 and 1899. In the year 1896 Atkins and wife left the property and moved to Burlington, Iowa, where they lived until some time in the year 1899, when they moved to Mt. Pleasant, in this state, where they ndw reside. Plaintiffs contend that Atkins and wife abandoned their homestead long before the conveyance to. Young, and that it thereupon became subject to the payment of the husband’s debts. The issue of abandonment is the only one in the case, and to that we will direct our attention.
Plaintiff relies on the actual removal from the property ; the fact that Atkins voted three different times in the city of Burlington, once at least “swearing in” his vote; and declarations to the effect that he (Atkins) was going to remove to Burlington, and live there, in order, that he might get contract work from the coun|ty, and that he was required to reside there in order that he might secure the work. This, of course, makes out a prima facie case of abandonment, and in the absence of other evidence would be controlling. But defendants show that Atkins voted under