Babcock v. Gurney
Supreme Court of Iowa
Appeal from Ohiokasaw Oireuit Gourt. This is an agreed case, submitted to the Circuit Court upon the following facts: On the 9th day of May, 1874, Wenrott, Howard & Coimpany recovered judgment against one Langdon, before a justice of the peace, and a transcript thereof was filed in the office of the clerk of the District Court, on the 20th of the same month. At this time Langdon owned certain real estate in- New Hampton.
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Appeal from Ohiokasaw Oireuit Gourt. This is an agreed case, submitted to the Circuit Court upon the following facts: On the 9th day of May, 1874, Wenrott, Howard & Coimpany recovered judgment against one Langdon, before a justice of the peace, and a transcript thereof was filed in the office of the clerk of the District Court, on the 20th of the same month. At this time Langdon owned certain real estate in- New Hampton. There were prior judgment and mortgage liens on the property to the amount of more than $1,200. An execution was issued upon the judgment first named, which was levied upon…
1Opinion of the CourtBeck, J.
i. jddxciai, oi'statutcV6 mentlse I. The sale of the land should have been made under the law in force at the time of the rendition of the judgment. This was after the Code took effect; its rules, therefore, prevail in this case. The legislature has the power to change the remedy and remedial proceedings upon contracts, and, as to them, the *156law in force when the remedy is pursued prevails, unless there be statutory provisions preserving the old remedy. There is no such provision applicable to the case before us. Code, § 50, we have held, applies to preserve appraisement in the case where…
2Cases cited1 opinion
- Holland v. DickersonSupreme Court of Iowa · 1875
3Cited by2 opinions
- Olmstead v. KelloggSupreme Court of Iowa · 1877
- Fonda v. ClarkSupreme Court of Iowa · 1876