County of Polk ex rel. School Fund v. Sypher
Supreme Court of Iowa
Appeal from Polh District Court. Application op surplus proceeds op sheriff’s sale. Tbe adversary parties to this proceeding, so far as it is before ns, are I. W. Griffith, tbe sheriff and appellant, and John Sherman, tbe appellee.
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Appeal from Polh District Court. Application op surplus proceeds op sheriff’s sale. Tbe adversary parties to this proceeding, so far as it is before ns, are I. W. Griffith, tbe sheriff and appellant, and John Sherman, tbe appellee. Tbe material facts are these: The plaintiff, “ The County of Pollc, for tbe use-of the School Fund,” brought an action of foreclosure against Sypher, the principal debtor, and John Tyler, his surety, making the said Sherman, as well as many other persons, defendants, and alleging that they, Sherman and others, “ claim some right, title or interest in, or lien upon,…
1Opinion of the CourtDilloN, J.
Practice : motion; surplus, There is no objection to the practice of determining contests in relation to the surplus arising from sales on execution on motion, instead of by peti- . . - . ‘ni tion m equity or other action, especially where the facts are undisputed, or are susceptible of being clearly and easily ascertained, and no new parties are necessary. This practice is well established. Williams v. Rogers, 5 Johns., 163; Ball v. Ryers, 3 Caine’s R., 84; Every v. Edgerton, 7 Wend., 259, 263. See, also, Ritter v. Henshaw, 7 2_New parties, Iowa, 97. But when it appeared in this case that…
2Cases cited10 opinions
- Marsteller v. FawU.S. Circuit Court for the District of District of Columbia · 1803
- Eddy v. SmithNew York Supreme Court · 1835
- Williams v. RogersNew York Supreme Court · 1809
- Bodine v. . MooreNew York Court of Appeals · 1858
- Cook & Sargent v. DillonSupreme Court of Iowa · 1859
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3Cited by8 opinions
- Corey v. SmalleyMichigan Supreme Court · 1895
- Skiff v. CrossSupreme Court of Iowa · 1866
- Hanschild v. StaffordSupreme Court of Iowa · 1869
- Treiber v. ShaferSupreme Court of Iowa · 1864
- First Federal Savings & Loan Ass'n of Storm Lake v. BlassSupreme Court of Iowa · 1982
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