44 Iowa 373 | Iowa | 1876
I. It is claimed by the defendant Richardson, that not more than $900 of the proceeds of the former homestead was invested in the land in question, and that the exemption could not exceed that amount. It is admitted that the
We think, therefore, that not less than $1,200 of the proceeds of the former homestead went into the land in controversy, and that the forty acres now-claimed as a homestead is not worth more than that sum.
YI. The evidence shows that there are two dwelling-houses on the land. The one in which the plaintiff and her husband reside is on the west twenty acres, and the other is on the middle twenty acres. Only one dwelling-house is exempt as a homestead. But as the incumbrances are such that it will evidently be necessary to sell the middle as well as the east twenty acres, we see no reason for modifying the decree in that respect.
YII. The Circuit Court held that a part of the Jesse Stinson judgment was the consideration for the house in which plaintiff' resides, to-wit: $150. The purchase, however, embraced not only the house but a mill. The price of the whole ¡was $1,900. Of that sum $1,640 was paid, leaving $260, amounting, with costs, to $547.53 at the time the judgment was rendered, to-wit: Nov. 28, 1871.' We see no reason why all the payments which were made should be applied upon the mill. What'was paid should be considered as paid pro rata upon all the property purchased. Of the house debt, then
As to the amount of the Jesse Stinson judgment, which is a lien on the homestead, the decree should be modified, as above set forth. On the plaintiff’s appeal, then, the decree is, modified and affirmed, and on the defendant’s appeal it is
Affirmed-.