50 Iowa 535 | Iowa | 1879
Section 1993 of the Code requires an express stipulation that the homestead shall be liable for the debt. The confession of judgment contains no such stipulation. It contains simply a waiver of the exemption statutes, and a consent that execution may issue against any property of the defendants. It has been held that a similar provision in a promissory note is against public policy and will not be enforced. Curtis v. O’Brien & Sears, 20 Iowa, 376, and cases cited. There ’is greater reason for holding such a provision invalid in a confession of judgment, for after the debt has been created the original agreement furnishes no consideration for a waiver of ■the exemptions allowed by law.
The judgment is • Affirmed.