Lamb v. Shays
Supreme Court of Iowa
Appeal from Jasper District Court. The defendant, Shays,-in April, 1861, executed a mortgage to the complainant upon lot two, in block thirteen in the town of Newton. This proceeding is to foreclose said mortgage. The appellants, the State of Iowa and Jasper County, are made parties for the purpose of quieting the title to said premises.
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Appeal from Jasper District Court. The defendant, Shays,-in April, 1861, executed a mortgage to the complainant upon lot two, in block thirteen in the town of Newton. This proceeding is to foreclose said mortgage. The appellants, the State of Iowa and Jasper County, are made parties for the purpose of quieting the title to said premises. It appears that prior to the execution of this mortgage, Shays purchased said lot from one Edward O’Brien; that while O’Brien was the owner of the lot, the appellants recovered judgments against him which are now claimed to be liens upon said property. Tbe…
1Opinion of the CourtBaldwin, C. J.
It will be readily perceived that the Only question thus presented is whether the lien of a. judg*569ment attaches to the homestead that is exempt from judicial sale; or to the same effect, whether the property claimed as a homestead, can be transferred by the owner thereof, free from the effect of a judgment rendered against him while he occupied the same as a homestead. Section 4105 of the Revision of 1860, provides that judgments in the Supreme or District Courts of this State are liens upon the real estate owned by the defendant at the time of such rendition. Section 3247 provides the manner…
2Cases cited1 opinion
- Alley v. BaySupreme Court of Iowa · 1859
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