Fejavary v. Broesch
Supreme Court of Iowa
Appeal from Muscatine District Court. The defendant, on the 9th day of September, 1876, leased -of the plaintiff a certain farm for the term of six years from March 1, 1877, and agreed to pay as rent therefor the sum of nine hundred dollars yearly, payable in equal semi-annual installments, on the first day of February and the last day of November of each year.
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Appeal from Muscatine District Court. The defendant, on the 9th day of September, 1876, leased -of the plaintiff a certain farm for the term of six years from March 1, 1877, and agreed to pay as rent therefor the sum of nine hundred dollars yearly, payable in equal semi-annual installments, on the first day of February and the last day of November of each year. The defendant also agreed in the contract of lease to pay all the taxes levied upon the demised property during the term. The lease was in duplicate — was signed by both parties — acknowledged by them, and afterward placed on record.…
1Opinion of the CourtSeevers, J.
It has been held that the waiver of the benefit of the exemption laws in a promissory note was against public policy and void. Curtis v. O'Brien et al., 20 Iowa, 376. Does the case at bar come within the rule established in that case? We think not. In the cited case the contract was executory, and this court refused to enforce it because such a waiver is not recognized by statute and was against public policy. But the statute does recognize the validity of a mortgage on property which is exempt from execution. The validity of such a mortgage has never been doubted. Nor is it material that the…
2Cases cited5 opinions
- Butt v. EllettSupreme Court of the United States · 1874
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
- Curtis v. O'BrienSupreme Court of Iowa · 1866
- Everman v. RobbMississippi Supreme Court · 1876
- People Ex Rel. Becker v. . BurtonNew York Court of Appeals · 1875
3Cited by17 opinions
- Ginsberg v. LindelCourt of Appeals for the Eighth Circuit · 1939
- Thorp Credit, Inc. v. BarrSupreme Court of Iowa · 1972
- Muir v. BlakeSupreme Court of Iowa · 1882
- In re the Assignment of ThompsonSupreme Court of Iowa · 1914
- Pennington v. JonesSupreme Court of Iowa · 1881
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