Cavender v. Heirs of Smith
Supreme Court of Iowa
Appeal from the DesMoines District Court. Action of right, commenced in 1848. The canse has been three times tried in the District Court, and is now on its third hearing in this court. The facts material to a full understanding of the questions decided, will be found in the opinion of the court. The defendants appeal. 1. The execution under which plaintiff claims, was not based upon any judgment, valid in law.
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Appeal from the DesMoines District Court. Action of right, commenced in 1848. The canse has been three times tried in the District Court, and is now on its third hearing in this court. The facts material to a full understanding of the questions decided, will be found in the opinion of the court. The defendants appeal. 1. The execution under which plaintiff claims, was not based upon any judgment, valid in law. It does not purport to issue on the original judgment, but on the stay bond. The original judgment was against Jeremiah Smith alone. The execution on which the sale was made was against…
1Opinion of the CourtWeight, C. J.
In disposing of this case, we shall confine ourselves to the errors -urged by counsel in their argument, and shall not undertake the examination of such as may be assigned, but not relied upon. Plaintiff claims title, under and by virtue of a sheriff’s sale, made on an execution in favor of Smith, Bros. & Co., and against Jeremiah Smith, the principal, and Samuel Smith, his surety, in the stay bond. It seems that after judgment against Jeremiah Smith, he entered bail to stay execution, the said Samuel becoming his surety. After the expiration of the stay, execution issued .against the…
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