Steffenbiel v. Gifford
Supreme Court of Iowa
Appeal from, Clinton District Court. Bill to redeem. — From the petition it appears, that in June, 1855, a deed of trust was executed by the then owner of the land to secure over $600, and authorizing the trustee, in default of payment, to advertise and sell the property, etc., concluding with the usual provisions and declarations.
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Appeal from, Clinton District Court. Bill to redeem. — From the petition it appears, that in June, 1855, a deed of trust was executed by the then owner of the land to secure over $600, and authorizing the trustee, in default of payment, to advertise and sell the property, etc., concluding with the usual provisions and declarations. In August, 1862, the plaintiff, who had previously, but after the execution of the trust-deed, purchased the land from the trustor, entered the volunteer service, and so continued until June, 1865. While thus in the service, to wit, in September, 1863, the trustee,…
1Opinion of the CourtWright, J.
i. Deeds op exemption isolií eoa-°f stmei Council, in argument, present in effect but two questions for our determination: First. Does the act of April 7, 1863, entitled “ An act to exempt the property of Iowa volunteers in the military service of the United States from, levy or sale ” (ch. 113, Laws of 1862, p. 128), apply to sales of this nature and to trust-deeds made prior to April, 1861 ?
Second. If it does apply, then, is it in conflict with the Constitution, as imparing the obligation of contracts ?
The material parts of the act under consideration are these: That the individual property…
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