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Terms Used In Iowa Code 630.16

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • property: includes personal and real property. See Iowa Code 4.1
630.16 Equitable proceedings.
At any time after the rendition of a judgment, an action by equitable proceedings may be brought to subject any property, money, rights, credits, or interest therein belonging to the defendant to the satisfaction of such judgment. In such action, persons indebted to the judgment debtor, or holding any property or money in which such debtor has any interest, or the evidences of securities for the same, may be made defendants.
[R60, §3391; C73, §3150; C97, §4087; C24, 27, 31, 35, 39, §11815; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, §630.16]
Referred to in §630.18
Grantor deemed equitable owner, §639.30