Sioux Valley State Bank v. Honnold
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. C. Ii. Lewis, Judge. Action to recover rent due and to enforce a landlord’s lien. The intervenors claim a prior lien upon certain property attached. A demurrer to the petition of intervention was sustained, and the intervenors appeal. The attachment writ could only legally issue for the enforcement of the statutory lien. The landlord’s lien is strictly statutory.
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Appeal from Woodbury District Court. — Hon. C. Ii. Lewis, Judge. Action to recover rent due and to enforce a landlord’s lien. The intervenors claim a prior lien upon certain property attached. A demurrer to the petition of intervention was sustained, and the intervenors appeal. The attachment writ could only legally issue for the enforcement of the statutory lien. The landlord’s lien is strictly statutory. Perry-v. Waggoner, 68 Iowa, 403,405. The remedy of the landlord, as well as the right, is statutory. Houghton v. Bauer, et al., 70 Iowa, 314. It follows that, in availing himself of this…
1Opinion of the CourtRobenson, C. J.
In January, 1889, certain land was leased to the defendants J. O. and H. C. Honnold. As a part of the rental for the leased premises, they made a promissory note for the sum of five hundred dollars, payable on the first day of March, 1890. The plaintiff is the owner of that note, and commenced this action soon after it became due. A writ of attachment *356for the enforcement of the landlord’s lien was issued, and levied upon certain horses, harness, wagon, farming-implements, and stock which were owned by H. 0-Honnold, who was entitled to hold them as exempt from-execution, for the reason that…
2Cases cited5 opinions
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Curtis v. O'BrienSupreme Court of Iowa · 1866
- Fejavary v. BroeschSupreme Court of Iowa · 1879
- Richardson Bros. v. PetersenSupreme Court of Iowa · 1882
- Abraham v. DavenportSupreme Court of Iowa · 1887
3Cited by15 opinions
- Ginsberg v. LindelCourt of Appeals for the Eighth Circuit · 1939
- Lewin v. Telluride Iron Works Co.Court of Appeals for the Eighth Circuit · 1921
- Girard v. AndersonSupreme Court of Iowa · 1934
- Mason City and Clear Lake R. Co. v. Imperial Seed Co.District Court, N.D. Iowa · 1957
- Evans v. StewartSupreme Court of Iowa · 1954
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