Conway v. Nichols

• Decision Date: 14 October 1898
• Citation: 76 N.W. 681,106 Iowa 358
• Parties: LETITIA CONWAY, Appellant v. J. NICHOLS, ATLANTIC NATIONAL BANK, JAMES E. WOODALL, and H. A. BRIGGS
• Court: Iowa Supreme Court

76 N.W. 681

106 Iowa 358

LETITIA CONWAY, Appellant v. J. NICHOLS, ATLANTIC NATIONAL BANK, JAMES E. WOODALL, and H. A. BRIGGS

Supreme Court of Iowa, Des Moines

October 14, 1898

Appeal from Cass District Court.--HON. W. R. GREEN, Judge.

SUIT in equity to quiet plaintiff's title to certain lands in Cass county against the apparent liens of four judgments rendered in favor of defendants and against one Davis through whom plaintiff obtained title. It is claimed that at the time Davis conveyed the land it was his homestead, and not subject to the lien of the judgments. Defendants pleaded in defense that Davis abandoned the homestead before he sold the land, and that the lien of their judgments attached prior to the conveyance. The trial court dismissed the plaintiff's petition as to all defendants except Briggs and plaintiff and defendant Briggs appeal. As Briggs has filed no argument, his appeal will not be considered.

Affirmed.

Delano & Meredith for appellant.

Curtis & Follett, H. M. Boorman, and G. M. Lyon for appellees.

OPINION

DEEMER, C. J.

The real estate in question was used and occupied by Davis as a homestead until March 1, 1891. On this last-named date he leased the premises for the period of one year, and moved into the city of Atlantic. Appellees' judgments were obtained in the years 1889 and 1890. In October of the year 1891 Davis entered into a contract for the sale of the land to one Conrad, which was consummated in March of the year 1892. Thereafter Conrad sold the land to appellant, and she brought this suit to quiet her title thereto. It is conceded that the land was originally the homestead of Davis, and the only question in the case is whether or not he abandoned it before the sale to Conrad. The evidence shows that he rented the farm because his son was sick, and unable to look after the place upon which he (the son) was then living; and that after Davis' removal to Atlantic he assisted this son in the management and care of his (the son's) farm. He left a wagon upon the leased premises and did not sell it, or his farming implements and stock, until after the sale to Conrad. He saved grain grown upon his son's land with which to seed his own land the following spring, and did not dispose of it until after he made the contract for the sale of his farm; and he also arranged for timothy seed to sow upon his land in the spring of 1892. His contract with Conrad was made October 20, 1891, and Conrad at that time turned over a team of mules, a wagon, and harness to apply upon the purchase price. Davis registered as a voter in the city of Atlantic on the thirty-first day of October, 1891, and voted in said city at the following November election; and also voted in the same place at the next spring election. Shortly after renting his farm, he moved all his stock to the farm occupied by his son. As Davis removed from the homestead in March, 1891,...