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MERCHANTS MUT. BONDING CO. v. UNDERBERG

Nos. 63415, 63656.

291 N.W.2d 19 (1980)

MERCHANTS MUTUAL BONDING COMPANY, Plaintiff, v. Irwin H. UNDERBERG, Appellant, and Virgil G. Wilson and Lois R. Wilson, Appellees. Elizabeth Janet UNDERBERG, Appellee, v. MERCHANTS MUTUAL BONDING COMPANY, Plaintiff, and Virgil G. Wilson and Lois R. Wilson, Appellants.

Supreme Court of Iowa.

April 23, 1980.

Attorney(s) appearing for the Case

B. V. Willie, Eagle Grove, for appellant Irwin H. Underberg.

Maurice C. Breen of Breen & Breen, Fort Dodge, for Virgil G. Wilson and Lois R. Wilson.

Larry E. Ivers, Eagle Grove, for Elizabeth Janet Underberg.

Considered by REYNOLDSON, C. J., and LeGRAND, REES, UHLENHOPP, and McGIVERIN, JJ.

LeGRAND, Justice.

This is a consolidated appeal which raises interesting questions concerning the alleged waiver of homestead rights by Irwin H. Underberg and his wife Elizabeth Janet Underberg. The trial court ruled the homestead interest of Irwin H. Underberg was subject to levy and execution sale to satisfy a judgment against him but that the homestead interest of Elizabeth Janet Underberg was exempt. There is an appeal from each of these orders. We reverse the...

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