Damrow v. Iowa & Omaha Short Line Railway
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — J. B. Rockaeellow, Judge. In the district court, this was a proceeding to foreclose a trust deed upon the property of the Iowa & Omaha Short Line Railway Company. Decree of foreclosure was entered, receivers appointed, and sale ordered by the receivers, “subject to the approval of the court.” The sale was to be without redemption.
Read the full summary
Appeal from Pottawattamie District Court. — J. B. Rockaeellow, Judge. In the district court, this was a proceeding to foreclose a trust deed upon the property of the Iowa & Omaha Short Line Railway Company. Decree of foreclosure was entered, receivers appointed, and sale ordered by the receivers, “subject to the approval of the court.” The sale was to be without redemption. Pursuant to notice, a public sale was held on October 30, 1916, at which two formal written bids were made, the highest being that of Sonken. At such sale he was proclaimed as the highest bidder. The notice of sale…
1Opinion of the CourtEvans, C. J.
— The general contention for Sonken is that, by virtue of his bid, such a right to confirmation vested in him that it was beyond the power and discretion of the court to deny it. The argument is that he was the highest and best bidder at the sale, and' that Wickham had no right to present’ a bid thereafter, and that the court had no right to consider the bid which ' Wickham presented. Authorities are cited from other jurisdictions in support of this contention. We have little occasion to deal here with authorities from other jurisdictions, for the reason that there is abundant conflict to be…
2Cases cited7 opinions
- Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
- Saunders v. StultsSupreme Court of Iowa · 1920
- Harney v. CrowleySupreme Court of Iowa · 1918
- Loyd v. LoydSupreme Court of Iowa · 1883
- Shearer v. ShearerSupreme Court of Iowa · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hurt Building Inc. v. Atlanta Trust Co.Supreme Court of Georgia · 1935
- Criswell v. CriswellSupreme Court of Iowa · 1939
- Reece v. CartwrightSupreme Court of Iowa · 1930
- Criswell v. CriswellSupreme Court of Iowa · 1941
- Van Alstine v. Gilmore Exchange BankSupreme Court of Iowa · 1938
1 more not listed; retrieve them via the Exa API.