51 P. 98 | Idaho | 1897
Respondents recovered judgment in the district court for Bear Lake county against Francis Wilcox and George E. Wilcox, partners as Francis Wilcox & Son, and J. C. Rich. Execution was issued upon such judgment, and levied upon certain real estate claimed to be owned by the appellant, and this action was brought to enjoin the sale of said real estate thereunder. The court finds as matter of fact: “That Francis Wilcox and the appellant intermarried some time in the year 1861, and are still man and wife. (2) That the property described in the complaint was acquired by the act of Congress known as the “Townsite Act/ and was deeded by George Osmond, as probate judge of said Bear Lake county, Idaho, under said townsite act, and through and by the rules and regulations of the state of Idaho in such cases made and provided, to Francis Wilcox, on the twenty-ninth day of September, A. D. 1881. (3). That the defendants Deere, Wells & Co. were engaged in the business of the manufacture of farm implements and farm machinery at Council Bluffs, in the state of Iowa; and Francis Wilcox, being about to engage in the business of dealing in farm implements at Paris, Idaho, on the tenth day of January, A. D. 1890, entered into a contract in writing to purchase from defendants his stock in trade, on a credit of four, six, and twelve months, and on that day purchased from defendants farm implements, which the defendants delivered to the said Wilcox on the fifteenth day of March, A. D. 1890, which amounted to about $1,500; that shortly thereafter the said Francis Wilcox purchased from the defendants farm implements to the value of about $1,700, under the terms of said contract; that on the twenty-eighth day of July, 1890, the whole of said indebtedness, ex
The plaintiff claims that the property in question, to wit, lot No. 4 in block No. 13 in section 11, and section 3, township 14 south, of range 43 east of Boise meridian, United States survey of Paris townsite, and containing one acre of land, i i her separate property; that the same was conveyed to her by her said husband, Francis Wilcox, on the fourteenth day of January, 1890. Plaintiff further claims that she filed a homestead on said real estate on the twenty-third day of June, 1890, a copy of which declaration of homestead is set forth in the transcript, and is as follows: “The undersigned, wife of Francis Wilcox, who is the head of a family consisting of Francis Wilcox, wife, and eleven, children, hereby makes the following selection and declaration of homestead (her husband, Francis