Opinion
No. 43233.
June 19, 1936.
HOMESTEAD: Nature — liabilities enforceable against. A sheriff in selling homestead and nonhomestead property (under special mortgage foreclosure execution) may very properly call for and receive, in turn, separate, substantial and good faith bids, (1) on the nonhomestead property, (2) on the homestead forty, and (3) on all the property en masse, and over the objections of the debtor, may accept the bid en masse and sell thereunder when said latter bid is substantially in excess of the aggregate of the other two bids, tho insufficient to completely satisfy the execution.
Appeal from Des Moines District Court. — JAMES D. SMYTH, Judge.
An action to set aside a sheriff's sale of real estate under a special execution issued on a mortgage foreclosure on the ground that the sheriff did not follow the provisions of the statute in making the sale which involved the homestead. The trial court refused the relief, from which this appeal is prosecuted. — Affirmed.
Charles C. Clark, for appellee.
La Monte Cowles, for appellants.
The facts in this case are parallel with the case of Prudential Insurance Company v. Westfall, 219 Iowa 1119, 260 N.W. 344, and the questions raised by the appellants here are identical with the questions determined by this court in the cited case. In the cited case the statutory provisions, a construction of which are here involved together with the prior decisions of this court, were all under consideration, and after a thorough and extended consideration of the issues involved this court construed the statutes involved and decided the issues presented adversely to the contention of appellants in the case at bar. A repetition of the statements and pronouncements as contained in the opinion in the Prudential Insurance Company case is unnecessary. We are satisfied with and adhere to the determination of the issues as made in the cited case. An affirmance necessarily follows. — Affirmed.
DONEGAN, C.J., and MITCHELL, PARSONS, ALBERT, HAMILTON, STIGER, and RICHARDS, JJ., concur.