27 Iowa 341 | Iowa | 1869
In the first place statutes are not, because they may be retrospective in character and effect, for that reason void ; they are not forbidden by the Constitution. Courts, however, will put such construction upon statutes as will avoid any unjust or oppressive retrospective effect. The construction objected to will certainly not operate to impair the obligation of a contract, but rather have the contrary effect. It cannot be said that a law providing a new and more efficient remedy upon a contract impairs its obligation.
If, therefore, they are in a certain sense retroactive, in providing a remedy different from the one existing when the contract wras made, it is no objection to their application to the action on plaintiff’s note.
It may be possible that after-acquired property could not have been subjected to the payment of the debt, if it had been contracted upon the credit of property in pos
In an agreement between the parties filed in this court it is stipulated that, in case the judgment of the District Court be affirmed, the sheriff’s sale shall stand, but that plaintiff shall have one year from the date of the decree to be rendered in this court to redeem therefrom, upon payment of the amount of the judgment, the defendant to pay the costs of the sale. Such is accordingly the order of this court. With that modification of the judgment of the court below it is affirmed. A decree will be entered in this court giving the right of redemption provided for in the stipulation, and dismissing the plaintiff’s petition as to the other relief prayed for.
Decree modified and affirmed.