Ritter v. Henshaw
Supreme Court of Iowa
Appeal from the Lee District Court. Motion to set aside a levy and the sale of real estate upon execution. The respondents were regularly notified as in an action. In October, 1855, the plaintiffs obtained judgment for a certain sum against the defendant, and also the establishment of a mechanic’s lien upon a lot in the town of Montrose. The lot was sold under a special execution, in December, 1855, and was purchased by the plaintiff.
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Appeal from the Lee District Court. Motion to set aside a levy and the sale of real estate upon execution. The respondents were regularly notified as in an action. In October, 1855, the plaintiffs obtained judgment for a certain sum against the defendant, and also the establishment of a mechanic’s lien upon a lot in the town of Montrose. The lot was sold under a special execution, in December, 1855, and was purchased by the plaintiff. It appeared afterwards that the defendants had given a mortgage to one Brooks, prior to the existence of the plaintiff’s cause of action, which mortgage was…
1Opinion of the CourtWoodward, J.
A motion to set aside a levy and sale of real estate under execution, is not based on the idea of fraud, and this need neither be alleged nor proved. It stands merely upon the fact of a want of title, without reference to motives. Neither is it any obstacle, that the record shows a satisfaction — this being produced only by the sale itself. The motion may even be said to pre-suppose this satisfaction, and is not inconsistent with it; for the very object is to cor*99rect this, which now appears to be an error — the result of a mistake— and this, it may be, one of the officer.
The equity, in such…
2Cases cited5 opinions
- M'Ghee v. EllisCourt of Appeals of Kentucky · 1823
- President of the Ontario Bank v. LansingNew York Supreme Court · 1829
- Preston v. HarrisonIndiana Supreme Court · 1857
- Lansing v. QuakenbushNew York Supreme Court · 1825
- Reed & Co. v. CrosthwaitSupreme Court of Iowa · 1858
3Cited by12 opinions
- Weaver v. GuyerIndiana Supreme Court · 1877
- McLean v. MartinSupreme Court of Missouri · 1870
- Dresser v. KronbergSupreme Judicial Court of Maine · 1911
- Holtzinger v. EdwardsSupreme Court of Iowa · 1879
- Cantwell v. McPhersonIdaho Supreme Court · 1892
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