Lueptow v. Guptill

Two issues are raised on this appeal:

1. Were the Guptills entitled to claim a homestead exemption in the land in question?

2. The Guptills not claiming a homestead exemption, could their mortgagee, Production Credit Association, claim that homestead exemption?

1. Were the Guptills able to claim a homestead exemption? It is undisputed, absent the statutory homestead exemption, a judgment which is properly docketed creates a superior lien on real property for a period of ten years. In this situation, therefore, the cognovit judgment belonging to Lueptow which was docketed first is superior to the…