Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-07-19
HOMESTEAD LAWS
IN QUESTION
Certain Phases Never Before
Passed Upon, to Be Sub
mitted to Supreme Court
APPEAL FROM LOWER COURT
Point in Question is Whether the Law
Exsmpts Farm From Debts Of the
Son When the Debts Were Contract
ed Before He Received the Home
stsad--state News.
to Times-Republicar.

SpeCEll 10
Des Moines, July 19.-According to
all appeal filed in the Office OF the clerk
of the supreme court certain phases
of the homestead laws never before
passed upon are to be submitted to the
supreme court. The case appealed is
that of William O. Rice against ]. H.
Burkhart and Sheriff w. c. Youel of
Benton county in which he asks for An
injunction restraining them from levy
ing on his farm Of forty acres to salts
fy judgment for s43.02. The debt
was contracted before Rice secured the
farm by bequest from his father James
Rice. The question is whether or not
the law exempts the farm from the
debts of the son when the debts We're
contracted before he received the
homestead. In the lower court the
case was decided against Rice
80
The case calls for construction
of section 1885 OF the code and accord
ing to the appeal Of the plaintiff such
a case has never been presented to the
supreme court. The question as stated
in the argument of the attorney for the
plaintiff L.: Can one son hold the
homestead which his father has devils.
ed to him exempt from his own ante
cedent debts, when the will under
which the devise is made refers to the
homestead character, and the son takes
possession OF 1t Immediately upon the
death of the ancestor. there being no
surviving widow, but four other sur
viving children"
The section of the code referred to
states after provising for the Inherit
ing of the homestead by the husband
or wife from the other: but IL there
be no survivor the homestead descends
to the issue of either the husband or
wife, according to the rules Of descent,
unless otherwise directed by will, and
is to be held by such issue exempt
from any antecedent debts of their
parents or their own, except those OF
the owner thereof contracted prior to
it's acquisition"
James Rice Of Benton county, died
in December, 1904, and by will gave his
home, which he mentions in his will
as his little homestead" where he
had lived for twenty years, to his son
William O. Rice. William Rice with
his wife and several children had lived
with the father for most of those
twenty years and had taken care Of
him, satisfying his wants and this fact
is mentioned in the will. The debt of
$43.02 was contracted by William O..
Rice before his father died and the at
torneys for Rice argue that the clause
in the code unless otherwise directed
by will" settles the whole question in
favor Of their client.
Official census figures given out for
Hardin county show that the county
has lost 937 people in five years and
that Eldora has gained Is and Iowa
Falls 300 people. The total population
of Hardin county is now 21,Sb7 and
five years ago 1t was 22,794. In the
county now there are of foreign birth
1851 males and LAO females. of ma
tive birth 1856 males and $3.50 fe-
males making total of 11,157 males
and 1O,700 females. There are 2,27s
people in Eldora now and there We're
1888 five years ago. There are 3,049
people in Iowa Falls now and there
were 2,s40 five years ago. The popu-
lation of the county by townships is
az follows the figures for the townships
being exclusive OF the population Of
H. tau,,e, ott,,ofed IN them.