187 Iowa 1209 | Iowa | 1919
In 1877, Joseph Robison and his wife acquired the 40 acres in controversy, and settled thereon as their home. They had 3 minor children, Calvin, William, and Lawrence, aged respectively 18, 13, and 7 years. The
In the main, the case involves fact questions. In view of our accord with the finding of the trial court, we will not enter into the details of the evidence. The direct evidence of the widow has corrobation of a very substantial nature, both in the circumstances existing at the time the alleged contract was made, and in the subsequent conduct of the interested parties. In the light of the history of the family, also, the finding has in it a quality of natural justice. This man is now 55 years of age, unmarried. So far, he has devoted his entire life to his parents. His mother is still dependent upon him for her support. She has an equitable lien upon the property for her support.
A question of law is presented which is not free from difficulties. This being the homestead of the parents, nothing but a written instrument, jointly executed by them, could have conveyed it. The answer to this is that, when they surrendered possession and control to William, they abandoned their homestead as such, and the statute ceased to control the method of conveyance. In support of this theory, the plaintiff relies upon our holdings in Drake v. Painter, 77 Iowa 731; Winkleman v. Winkleman, 79 Iowa 319; Caldwell v. Drummond, 127 Iowa 134.
The first two cases here cited were distinguished in Airis v. Alvis, 123 Iowa 546. The defendants rely upon this Airis case. In that case, the fact of the abandonment of the homestead was found adverse to the claimant. The
We reach the conclusion that the case at bar in its facts comes within the rule of the Drake case and of the subsequent cases cited.
The decree of the district court will, therefore, be— Affirmed.