Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-10-09

Family Must Consist of More
Than One and Home Be
: Occupied.
Special to Times-Republican.
j Des AIoines, Oct. 9.-An interesting
controversy has recently arisen in some
Of the eastern states over question as
to whether or not a bachelor, living al
alone but maintaining a separate es-
adjustment for himself ought to be re-
i garded legally and in fact q family
Some of the courts have recently decid-
ed that one person may be a family,
i that where separate existence is main
tanned in an independent way, with a
household and all the elements except
numbers there is in fact family. The
Iowa supreme court mas added little
4 interesting argument to this discussion.
! The question came before the court in
1 the case of Fuller vs. Sheriff.. from
i
1 to subject the property of the defendant
to Judgment, ana the defendant
claimed exemption as homestead. She
had purchased the property when she
| was widow. AS long as her two
/ daughters lived with her it was a FAM
1 lily. But the court holds that as soon
as they married and went away, altho
there was no other change In the situa-
ton, there was no family. Mrs. Sher-
rill continued to live in the house and
claimed 1t as a homestead. The acqui-
sltion of a homestead says the court,
in an opinion by Justice Ladd "neces-
/ sarily depends on the existence of a
family; does continuance Of that
right depend on continuation of the
family relation, or stating the question
more precisely, will an unmarried per-
son lose the homestead right previously
acquired by the departure Of those con-
shutting his family without any other
change in his situation." And the court
answers the question in the affirmative,
despite some decisions cited to the con-
trary. The court lays down this rule:
For the benefit OF The family the law
exempts the home, Of the family from
the burden that rests ON all other prop
erty of being appropriated to the debts
OF the owners. The immunity depends
on two contingencies: first, occupancy
as home, and second, that the owner
shall have a family When either ceas-
es, tn exemption is at an end. There
can be no more reason for holding that
a man who has left his family shall con-
tinue to preserve an exempt homestead,
because he once had a family, than for
saying the house which has once been
exempt while occupied as a homestead
shall continue to be exempt altho total
ly abandoned as residence. It is as
illogical to say that. exemption shall
continue after the family has ceased as
to say that it can exist before the. fam
lily comes into existence. 1t will not be
pretended that a man could claim q
homestead upon the ground that he In
tended to have family. How can it be
titled to one because he formerly had a
family?"
In another equally interesting case
the court sets its face against the prac-
tice of some lawyers OF trying a case
piecemeal and when beaten on one point
raising another and another, and so on.
This case came from Benton county and
the appeal from Judge Burnham was
the third appeal Of the same case. It
was that of Zalensky VS.. Home Insur-
ance Company. Judge Burnham has
entered an order setting aside directed
verdict and the supreme court says this
was an error. It seems that one of the
parties had followed the plan of trying
to wear out the other by bringing up
new points in the same old case 1.-The
due and timely adjudication of the
rights of litigants demands" says
Judge Sherwin in the court opinion,
that cause of action or defense be
submitted as whole when known, and
not be piecemeal. otherwise parties not
offending in this way may be eternally
sharrassed and the courts constantly
engaged in passing upon the points
raised one at time in a long course of
litigation. We can not lend our sane
ton to such procedure. Where, there is
an opportunity for the full presentation
of all the facts in case, the party re-
lying thereon must make full disclos-
ure thereof II known to him or suffer
for his failure SO to do. He can not be
permitted to conceal part OF his action
or defense, or to negligently overlook 1T,
and then prolong Indefinitely the final
settlement of the case. This proposition|
is so manifestly right that no citation
of authority seems necessary"
The Shumaker case, or Skinner ranch
case. in which Governor Shaw is inter-
,ested as one Of the purchasers of the
big ranch, was decided by the supreme
court The real issue was whether or
not there had been series Of fraudu-
lent conveyance for the purpose of beat
ing certain creditors The supreme
3corut takes a view contrary to that of
Judge Hutchinson, who tried the case,
and decides that while. the transfers.
We're suspicious no fraud was shown,
and therefore the title received by Shaw
and his partners is good one. They
bought the ranch for $4,000 and had not
paid all of the purchase price. but now
get clear title. The land Is near Hor-
nick, in Woodbury. county.
TRACK LAYING RESUMED.
Work Progressing on the Des Moiaes,
Iowa Falls and Northern.
Special to Times Republican.
Iowa Falls, Oct. 9.-After delay of a
week or more in track laying on the new
Des Moines, Iowa Falls & Northern
rpn6 1ynrlx to1o,, ip