Stoaks v. Stoaks
Supreme Court of Iowa
Appeal from Taylor District Court. — Hon. H. M. Towner, Judge. In an action brought by plaintiff against defendant, Charles G. Stoaks, for a divorce, there was an attachment against defendant’s property for alimony, which was. levied on domestic animals and farm implements., the property of defendant.
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Appeal from Taylor District Court. — Hon. H. M. Towner, Judge. In an action brought by plaintiff against defendant, Charles G. Stoaks, for a divorce, there was an attachment against defendant’s property for alimony, which was. levied on domestic animals and farm implements., the property of defendant. Fred H. Stoaks, the father of defendant, intervened, claiming a lien upon the attached property for rent, and asking that an injunction issue restraining the plaintiff and the defendant from disposing of any property on the leased premises to which intervener’s lien had attached. The court…
1Opinion of the CourtMcClain, J.
This appeal presents two questions: First, alleged error of the court in making the judgment for alimony in favor of plaintiff a prior lien upon the property of defendant, which had been attached in the divorce proceeding as against intervener’s claim for rent due; second, the alleged error in refusing to intervener an injunction for the preservation of his lien for rent not yet due at the time the decree was entered.
1. Divorce:judgment for alimony: priority of liens. I. The intervener, as landlord, had a lien upon the crops grown by defendant on the leased premises, and upon the domestic…
2Cases cited5 opinions
- Garner v. CuttingSupreme Court of Iowa · 1871
- Atkins v. WomeldorfSupreme Court of Iowa · 1880
- Sesterhen v. SesterhenSupreme Court of Iowa · 1882
- McGowan v. Northwestern Legion of HonorSupreme Court of Iowa · 1896
- Wallin v. W. T. Murphy & Co.Supreme Court of Iowa · 1902