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41 Iowa 261

Waters v. Crossen & Tasker

Supreme Court of Iowa

Decided July 1, 1875

Supreme Court of Iowa · decided 1875-07-01

This case is intimately connected with the preceding one and involves many of the same facts. The petition was filed September 22, -1873. It alleges the death of Tasker in 1859, leaving his widow in possession of their homestead on lot 3, block 70, and that lot 2 was’partly used as a yard thereto. That lot 1 and part of lot 2 was occupied with a tenement house. That plaintiff was appointed administrator, and the debts exceed $5,000.

Decided 1875-07-01

Day, J. —

¶1The preceding case determines this: If the executor cannot have an order for the sale of the real estate in question, he is not entitled to an injunction restraining the *263defendant, Catharine Tasker, from making it a part of her homestead. .

¶2Affirmed.

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