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Of order for goods, see CONTRACTS.

ACCESS.

Riparian owner's right of access to the sea. 10-1046.

ACKNOWLEDGMENT.

Proof of identity upon which officer certifying to an acknowledgment is justified in acting. 10-871 (case p. 866).

Negligence of notary in certifying acknowledgment of fraudulent instrument as proximate cause of loss. 10-866.

Effect of certification by notary to acknowledgment of an instrument from personal knowledge as a guaranty of the genuineness of the instrument. 10-866.

The dash in each citation stands for A.L.R.

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constitute it a nuisance or contraband." It was held also that "the state's police power extends to searches and seizures, and to a destruction of property which is the subject of a crime or the means of perpetrating it."

It may be noted that, where the statute as to the sale of intoxicating liquors provided that "the personal and real property, except the homestead as now provided by law, of such persons, as well as the premises and property, personal or real, occupied and used for that purpose, with the consent and knowledge of the owner thereof, . . shall be liable; and all such fines, costs, or judgments shall be a lien on such real estate until paid," it was held in McClure v. Braniff (1888) 75 Iowa, 38, 39 N. W. 171, that the judgment for attorneys' fees and costs in an action against the owner of land to restrain the keeping of and to abate a nuisance, to wit, maintaining a place for the sale of liquor contrary to law, will be a lien on the premises, although the wife of the owner claims that the premises were homestead, and that if her husband kept for sale or sold intoxicating liquors thereon, contrary to law,

it was without her consent and against her protest. The court said: "The homestead is made liable by reason of the illegal occupation or use, which is 'with the consent and knowledge of the owner.' In this case the owner is the husband. Burns v. Keas (1866) 21 Iowa, 257. The consent by the wife is not required when the husband is the owner. It may be that this consideration of the law will, in some cases, cause a loss of homestead rights, and lead to hardships; but, if so, it is beyond our control. We must interpret the law as we find it. The general assembly may have thought it better to make the homestead liable in such cases than to permit the homestead right to operate as a shield for the protection of the offender against the consequences of his wrongful acts."

So, where a house in the name of the wife was used as a homestead, and in part of it a liquor saloon was kept by the husband, such part was held subject to the lien of a judgment under the Civil Damage Law. Arnold v. Gotshall (1887) 71 Iowa, 572, 32 N. W. 508. B. B. B.

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Of order for goods, see CONTRACTS.

ACCESS.

Riparian owner's right of access to the sea. 10-1046.

ACKNOWLEDGMENT.

Proof of identity upon which officer certifying to an acknowledgment is justified in acting. 10-871 (case p. 866).

Negligence of notary in certifying acknowledgment of fraudulent instrument as proximate cause of loss. 10-866.

Effect of certification by notary to acknowledgment of an instrument from personal knowledge as a guaranty of the genuineness of the instrument. 10-866.

The dash in each citation stands for A.L.R.

1595

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Of decedent's estate, see EXECUTORS AND

ADMINISTRATORS.

AMENDMENTS.

To Constitution, see CONSTITUTIONAL LAW.
Of judgment, see JUDGMENT.

Heavy italic type is used for annotations; roman type for cases.

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Transfer of cause; parties. State or public official as a "party aggrieved" by discharge in habeas corpus proceedings. 10-396 (case p. 380).

Effect of appeal on correction of clerical error in judgment. 10-575.

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-as to pleadings.

Rulings on demurrer by intermediate appellate court. 10-687.

The dash in each citation stands for A.L.R.

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