Legal Opinion

Rutt v. Howell

Supreme Court of Iowa

Decided April 22, 1879PublishedCited by 7 opinions

Appeal from Hamilton District Court. An opinion was heretofore filed in this case, and the cause is now before us upon rehearing.

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Appeal from Hamilton District Court. An opinion was heretofore filed in this case, and the cause is now before us upon rehearing. The petition in substance alleges that the assignor of plaintiff, one Snow, advanced to the defendant the sum of seven hundred and thirty-eight dol-, lars and sixty-six cents, to pay a debt to one Browning, with| the express understanding and verbal agreement with the. defendants, who are husband and wife, that the defendant William Howell should execute his promissory note for the amount, which should be secured by a lien on lots 5 and 6, in block 7, in the…

1Opinion of the Court

-Hay, J.

*537i. homestead: ment. agiee *536I. The rule is that the homestead Is exempt *537from judicial sale. Code, § 1988. It can be rendered liable for the debts of the owners only in the manner provided by statute. Section 1993 of the Code provides: “The homestead may .be sold for ■debts created by written contract, executed by the’ persons having the power to convey, expressly stipulating that the homestead is liable therefor.” The homestead cannot be Tendered liable by mere verbal agreement. The statute does not provide that liability can be created in that way. It is apparent, therefore, that no…

2Cases cited1 opinion

  1. Curtis v. O'BrienSupreme Court of Iowa · 1866

3Cited by7 opinions

  1. Girard v. AndersonSupreme Court of Iowa · 1934
  2. Scott v. BrentonSupreme Court of Iowa · 1914
  3. Maguire v. KennedySupreme Court of Iowa · 1894
  4. Sullivan v. MurphySupreme Court of Iowa · 1930
  5. In Re HebertUnited States Bankruptcy Court, N.D. Iowa · 2003

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