Legal Opinion · Dissent
Smith v. Brown
Supreme Court of Iowa
Decided March 23, 1994No. 92-1886Published
1DissentMcGIVERIN, Chief Justice
I dissent.. The dissolution decree encompassed the entirety of the property and child support settlement of the financial affairs of Dennis and Cathy. The $13,000 lien given to Dennis on the realty and his child support obligation were necessarily interrelated. Dennis should not be allowed to sell off his lien and divorce that lien irom his child support obligation of $19,000.
Although I agree that generally equities and defenses between the assignor of the lien (Dennis) and the debtor of the lien (Cathy) arising after the lien assignment usually can*735not be interposed against the assignee, I…
2Cases cited5 opinions
- Assocs. Capital Servs. Corp. v. Fairway Private Cars, Inc.District Court, E.D. New York · 1982
- James Talcott, Inc. v. Winco Sales Corp.New York Court of Appeals · 1964
- Haarmann v. DavisSupreme Court of Missouri · 1983
- Nofziger Communications, Inc. v. Birks Ex Rel. Wynmark TrustDistrict Court, District of Columbia · 1991
- Ford Motor Credit Co. v. SofiaCivil Court of the City of New York · 1990