Crow v. Brown
Supreme Court of Iowa
Appeal from Adams District Court. — Hou. R. C. IIeNry, Judge. This is an action in equity by which the plaintiff seeks to enjoin the sale of certain real estate upon an execution against him, and in favor of the defendant Brown, upon the ground that the said real estate is exempt from execution and sale. There was a demurrer to the petition, which was sustained. The plaintiff appeals. To exempt future acquisitions is recognized as a state’s right in all the cases.
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Appeal from Adams District Court. — Hou. R. C. IIeNry, Judge. This is an action in equity by which the plaintiff seeks to enjoin the sale of certain real estate upon an execution against him, and in favor of the defendant Brown, upon the ground that the said real estate is exempt from execution and sale. There was a demurrer to the petition, which was sustained. The plaintiff appeals. To exempt future acquisitions is recognized as a state’s right in all the cases. Edwards t>. Kearzey, 94 U. S. 595; Gunn v. Barry, 15 Wall. 610. The pension law (Statutes, U. S., sec. 4747), enacted in 1866,…
1DissentRobinsoN, J.
(dissenting). — It is true that courts are not always controlled by the weight of authority, but when numerous courts of high standing have duly •considered a statute, and all but one or two agree as to its intent and scope, one of the courts so agreeing -should not overrule its decisions, and adopt a different view of the statute except for reasons of controlling force. In cases of doubt, it is usual and proper to give great consideration to the weight of authority. The section of the federal statute construed in the foregoing •opinion is as follows: “No sum of money due, orto become due, to…
2Cases cited13 opinions
- United States v. HallSupreme Court of the United States · 1879
- Faurote v. CarrIndiana Supreme Court · 1886
- Spelman v. AldrichMassachusetts Supreme Judicial Court · 1879
- Webb v. HoltSupreme Court of Iowa · 1882
- Cranz v. WhiteSupreme Court of Kansas · 1882
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