Rogers v. Raisor
| Decision Date | 15 December 1882 |
| Citation | 60 Iowa 355,14 N.W. 317 |
| Parties | ROGERS v. RAISOR, SHERIFF, ETC., AND ANOTHER. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Wayne district court.
This is a proceeding for an injunction to restrain the sale under execution of the plaintiff's homestead. The petition alleges in substance the following facts: In October, 1870, the plaintiff subscribed $100 to the Chicago & Southwestern Railway Company, and gave his promissory note therefor. At the time he made said subscription the plaintiff was a resident of Lineville, Iowa, was the head of a family, and owned a homestead, of the value of $325, in said town, in which he resided with his family. In October, 1870, the plaintiff sold his homestead in Lineville, and in less than a month thereafter, with $250 of the proceeds thereof, purchased a homestead of 36 acres in Missouri, which he occupied with his family till December, 1873, when he sold his Missouri homestead, and with $300 of the proceeds purchased a homestead in Lineville, and occupied the same with his family until June, 1875. In June, 1875, the plaintiff sold this homestead for $250, and immediately with this $250 purchased his present homestead. On February 30, 1880, judgment was rendered on the note above mentioned, and the plaintiff's homestead was levied upon to satisfy said judgment. The plaintiff asks that an injunction issue restraining the sale. The defendant's demurrer to this petition was sustained, and judgment was entered in favor of defendants for costs. The plaintiff appeals.Freeland & Miles, for appellant.
Vermilion & Vermilion and G. Taylor Wright, for appellee.
Our statute provides that the owner of a homestead may change it entirely, and that the new homestead, to the extent in value of the old, shall be exempt from execution in all cases where the old or former homestead would have been exempt. Code, §§ 2000, 2001. Under these sections it has been held that a new homestead, acquired with the proceeds arising from the sale of the old one, is exempt from judicial sale in all cases in which the former homestead would have been exempt. Sargent v. Chubbuck, 19 Iowa, 37;Thompson v. Rogers, 51 Iowa, 333; [S. C. 1 N. W. REP. 681;] Pearson v. Minturn, 18 Iowa, 36. The laws of Missouri are not pleaded, and will, for the purpose of this case, be presumed to be the same as our own. The laws of each state, however, apply only to homesteads acquired and held under its own laws, and within its territorial...
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In re Drenttel
...In re Peters, 91 B.R. 401 (Bankr.W.D.Tex.1988); Cherokee Const. Co. v. Harris, 92 Ark. 260, 122 S.W. 485 (1909); Rogers v. Raisor, 60 Iowa 355, 14 N.W. 317 (1882); State Bank of Eagle Grove v. Dougherty, 167 Mo. 1, 66 S.W. 932 (1902); In re Owings, 140 F. 739 (E.D.N.C.1905); 40 Am.Jur.2d Ho......
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State Bank of Eagle Grove v. Dougherty
...the homestead laws of Iowa have that effect, as is well illustrated by the decisions of the Supreme Court of that State. In Rogers v. Raisor, 60 Iowa 355, 14 N.W. 317, the is as follows: "Day, J. -- Our statute provides that the owner of a homestead may change it entirely, and that the new ......
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Strawn Mercantile Co. v. First Nat. Bank
...under the laws of either state. Goodwin v. Claytor, 137 N. C. 224, 49 S. E. 173, 67 L. R. A. 209, 107 Am. St. Rep. 479; Rogers v. Raisor, 60 Iowa, 355, 14 N. W. 317; Dalton v. Webb, 83 Iowa, 478, 50 N. W. 58, 32 Am. St. Rep. 314; State Bank of Eagle Grove v. Dougherty, 167 Mo. 1, 66 S. W. 9......
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In re Williams, 3:06-bk-71590.
...from the sale of a homestead in Iowa cannot maintain its exempt status when reinvested in a homestead in Missouri. Rogers v. Raisor, 60 Iowa 355, 14 N.W. 317 (Iowa 1882). The court specifically stated that, "[t]he laws of each state ... apply only to homesteads acquired and held under its o......
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Laura B. Bartell, the Peripatetic Debtor: Choice of Law and Choice of Exemptions
...to protect retirement benefits paid by Texas company from garnishment under Texas exemption statute). 79 See, e.g., Rogers v. Raisor, 14 N.W. 317 (Iowa 1882); State Bank of Eagle Grove v. Dougherty, 66 S.W. 932 (Mo. 1902); Rider v. Rider, 887 S.W. 2d 255, 260 (Tex. Ct. App. 1994); Wm. Camer......