Barrett v. Blackmar
Supreme Court of Iowa
Appeal from Wi/rmeshieh District Gourt. The petition of plaintiff alleges that during the years 1874 and 1875, and a long time prior thereto, he was the absolute owner of a certain forty acres of land described in the petition, and was entitled to the possession of said premises and the rents and profits thereof; that during the years 1874 and 1875 the defendant took and held possession of said premises and received the rents and profits of the value of $800. Plaintiff asks…
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Appeal from Wi/rmeshieh District Gourt. The petition of plaintiff alleges that during the years 1874 and 1875, and a long time prior thereto, he was the absolute owner of a certain forty acres of land described in the petition, and was entitled to the possession of said premises and the rents and profits thereof; that during the years 1874 and 1875 the defendant took and held possession of said premises and received the rents and profits of the value of $800. Plaintiff asks judgment for this sum. Defendant filed an amended answer as follows: “Division 1. lie denies each, and every allegation…
1Opinion of the Court
Day, Oh. J.
From the allegations of the answer it appears that Barrett became the purchaser of the mortgaged property, by a quit-claim deed filed for record 'March 19, 1873. On the 17th of February, 1871, the mortgagee procured a judgment of foreclosure in an action to which Barrett was not a party. On the 25th day of July, 1871, the property was sold under the foreclosure, and the defendant became the purchaser. As the decree of foreciostarwSifrehüered alter me uoae of 1873 took effect, the sale must have been conducted under the provisions of the Code, without appraisement and subject to…
2Cases cited7 opinions
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Hull & Argalls v. County of MarshallSupreme Court of Iowa · 1861
- Johnson v. MonellSupreme Court of Iowa · 1862
- Montgomery v. ChadwickSupreme Court of Iowa · 1858
- Heimstreet v. WinnieSupreme Court of Iowa · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stough v. Badger Lumber Co.Supreme Court of Kansas · 1905
- County of Floyd v. CheneySupreme Court of Iowa · 1881
- Meredith v. LochrieSupreme Court of Iowa · 1905
- Mills v. HamiltonSupreme Court of Iowa · 1878
- Nelson v. LarsenSupreme Court of Iowa · 1889