The Law of Homestead and ExemptionsS. Whitney & Company, 1875 - 467 pages |
Contents
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Common terms and phrases
14 Iowa 23 Iowa abandonment acquired affect Allen allowed Appeal assignee Bank Reg bankrupt bankrupt act Barb benefit claim claimant constitution contract convey conveyance Court of equity creditors death debt debtor deceased declaration decree deed of trust defendant domicile dower enforce entitled erty exempt from execution exempt property exemption laws filed forced sale foreclosure Grant's heirs held homestead act homestead exemption homestead law homestead right husband and wife impairing the obligation joint tenancy judgment judgment debtor land legislature levy and sale liable lien ment Minn minor children mortgage occupied owner party payment Penn person plaintiff possession premises Probate Court purchase-money purchaser real estate remedy residence right of homestead rule sale on execution sell sheriff's deed Smith sold statute statutory stead Supreme Court tenant Texas thereof tion tract vendor vested void waive waiver
Popular passages
Page 108 - ... have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession.
Page 143 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Page 95 - ... from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon...
Page 86 - The ideas of validity and remedy are inseparable, and both are parts of the obligation, which is guaranteed by the Constitution against invasion. The obligation of a contract 'is the law which binds the parties to perform their agreement.
Page 50 - Tenantry is unfavorable to freedom. It lays the foundation for separate orders in society, annihilates the love of country, and weakens the spirit of independence. The tenant has, in fact, no country, no hearth, no domestic altar, no household god. The freeholder, on the contrary, Is the natural supporter of a free government; and It should be the policy of republics to multiply their freeholders, as it is the policy of monarchies to multiply their tenants.
Page 96 - The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted; and there shall be no imprisonment for debt, except in case of fraud.
Page 344 - ... shall have accepted any preference, having reasonable cause to believe that the same was made or given by the debtor contrary to any provision of this act, shall not prove the debt or claim on account of which the preference was made or given; nor shall he receive any dividend thereon until he shall first have surrendered to the assignee all property, money, benefit, or advantage received by him under such preference.
Page 86 - is the law which binds the parties to perform their agreement." Any impairment of the obligation of a contract — the degree of impairment is immaterial — is within the prohibition of the Constitution; The States may change the remedy, provided no substantial right secured by the contract is impaired. Whenever such a result is produced by the act in question, to that extent it is void. The States are no more permitted to impair the efficacy of a contract in this way than to attack its vitality...
Page 347 - A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists...
Page 55 - No lands acquired under the provisions of this chapter shall in any event become liable to the satisfaction of any debt contracted prior to the issuing of the patent therefor.