Opinion

American Savings Bank of Marengo v. Willenbrock

  • 209 Iowa 250
  • 228 N.W. 295
Court
Supreme Court of Iowa
Filed
Dec 13, 1929
Status
Published
Author
Albert
On the bench
Morling, Faville, De Grast Grimm, Evans, Wagner, Albert, Stevens, Favidle, De Graff, Kindig, Grimm
Cited by
16 cases

recovery of judgment on note does not give creditor a judgment lien upon homestead of debtor, and newly-acquired homestead property, to the extent of the value of the old homestead, was held exempt from judicial sale, citing Lamb v. *849 Shays

How later courts described this case

  • recovery of judgment on note does not give creditor a judgment lien upon homestead of debtor, and newly-acquired homestead property, to the extent of the value of the old homestead, was held exempt from judicial sale, citing Lamb v. *849 Shays
  • creditor not entitled to a judgment lien on debtor’s homestead notwithstanding fact that homestead was not platted when judgment was entered
  • “The law allowing the exemption is to be liberally construed, and is not to be pared away by construction, so as to defeat its beneficent, sociological, and economic purpose.”
  • “The law allowing the exemption is to be liberally construed, and is not to be pared away by construction so as to defeat its beneficient, sociological, and economic purpose.”

Written by the judges who cited it.

The opinion

Albert, C. J., and Stevens and Faville, JJ.

(specially concurring). — We concur in the law as expressed in the majority opinion. We think the plaintiff is entitled to an execution against the new homestead of the defendant for whatever it may secure of the value of the new homestead in excess of the value of the old homestead. What the plaintiff may be able to reach under -its execution, and what liens may be superior to its, is not before us.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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