Helfenstein v. Cave
Supreme Court of Iowa
Appeal from the Van Burén District Court. The plaintiffs had recovered á judgment on a promissory note against the firm of Wyman & Cave; and had levied this execution on the tract of land in dispute. This was levied upon as the property of Cave only. The plaintiffs bring this action, in the nature of an action of ejectment, or of right to recover the land. The defendant sets up a right of homestead on the land, and claims that it was exempt from the execution.
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Appeal from the Van Burén District Court. The plaintiffs had recovered á judgment on a promissory note against the firm of Wyman & Cave; and had levied this execution on the tract of land in dispute. This was levied upon as the property of Cave only. The plaintiffs bring this action, in the nature of an action of ejectment, or of right to recover the land. The defendant sets up a right of homestead on the land, and claims that it was exempt from the execution. The former action, in which the plaintiffs obtained this judgment, was upon a promissory note, bearing date at St. Louis, Missouri,…
1Opinion of the CourtWoodward, J.
The first question made, to which we will turn our attention, is, whether the defendant is entitled to a homestead exemption, against this contract, which was made in the state of Missouri, in October, 1850 ? The law under which it is claimed, is the act of 1848-9. Session Laws, 1848-9, chapter 124, 152. In point of time, the contract is covered by this act. But, it is urged that the lex loci contractus governs the case; and that as the law of Missouri gave no homestead exemption, the defendant has none under this contract.
Laws relating to contracts and to their enforcement, affect either the…
2Cases cited1 opinion
- McCracken v. HaywardSupreme Court of the United States · 1844
3Cited by15 opinions
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- Stevens v. BrownWest Virginia Supreme Court · 1882
- McCormick v. RuschSupreme Court of Iowa · 1863
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