Opinion

Des Moines Joint Stock Land Bank v. Nordholm

  • 217 Iowa 1319
  • 253 N.W. 701
Court
Supreme Court of Iowa
Filed
Apr 4, 1934
Status
Published
Author
Stevens
On the bench
Kindig, Evans, Mitchell, Anderson, Donegan, Claussen, Stevens, Albert, Kintzinger
Cited by
35 cases

noting that, while Iowa courts are free to construe Iowa’s Contracts Clause differently from the federal Contracts Clause, “good policy and a desired consistency between the two Constitutions rather dictate the interpretation of the two clauses be similar”

How later courts described this case

  • noting that, while Iowa courts are free to construe Iowa’s Contracts Clause differently from the federal Contracts Clause, “good policy and a desired consistency between the two Constitutions rather dictate the interpretation of the two clauses be similar”
  • extending period of redemption

Written by the judges who cited it.

The opinion

Stevens, J.

(dissenting) — I am of the opinion that chapter 179, Acts of the Forty-fifth General Assembly, is, under the authority of Home Building & Loan Association v. Blaisdell, recently decided by the Supreme Court of the United States, unconstitutional. The

*1374

act contains no definite provision for making compensation to the mortgagee. So far as any provision is made in this respect by the act, it is to be by the court sitting in equity.

I therefore, concur in the dissenting opinion of Chief Justice Claussen so far as it deals with this phase of the question.

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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