186 Iowa 777 | Iowa | 1919
I. The property upon which the plaintiff seeks to establish a lien is a residence property, comprising about 10 acres of ground, and situated outside the corporate limits of the city of Port Dodge. About the year .1012, the plaintiff became the creditor of the defendant. Later, he acquired by assignment the claims of the other creditors of the defendant. These claims also accrued about the year 1912, and the plaintiff is seeking the same relief as to all such claims. In the year 1917, the defendant filed a voluntary petition in bankruptcy. She listed the plaintiff and all his assignors as creditors. She also scheduled the real estate above described as her only property, and claimed the same as a homestead. By order of the bankruptcy court, it was set apart to her as exempt. Later, the plaintiff filed a petition in the bankruptcy court, asking that proceedings looking to a discharge of the defendant in bankruptcy be suspended for a reasonable time, whereby the plaintiff might pursue his. remedy in the state court to establish a lien upon the homestead on the ground already indicated. Such order was entered as prayed in the bankruptcy court.
There can be no question but that the defendant acquired a right of homestead at the beginning of her occupancy, in 1904. Nor could there be any question as to the continuance of her homestead right from that date until now, were it not for some subsequent transfers. Shortly after thq
The evidence which we have here set forth would be very satisfactory, as supporting the contention of the defendant, were it not for certain conduct of the defendant had in 1911 and in 1913, which was somewhat inconsistent with her present contention. In 1911, a written settlement of some matters was had between her and her associate, Agnes Gannon Robertson, wherein the ownership of the property in question is assumed to be in the said Agnes Gannon Robertson, and whereby the defendant stipulates for the first right of purchase. Again, in 1913, she began an action at law against Agnes Gannon Robertson, and attached the property in question as that of such defendant.
Upon the whole record, we reach the conclusion that the date of acquisition of defendant’s homestead was in May, 1904, and that, notwithstanding the various devolu