Legal Opinion

Hawkeye Insurance v. Maxwell

Supreme Court of Iowa

Decided April 8, 1903PublishedCited by 6 opinions

Appeal from, Warren District Oourt. — Hon. A. W. Wilkinson, Judge. On the 18th day of January, 1889, the defendants: Maxwell gave a mortgage on the land in controversy to-the defendant K >ynolds. This mortgage was foreclosed on the 13th day of November, 1900, and on the 22d day of' December, 1900, the land was sold under special execution to said Eeynolds.

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Appeal from, Warren District Oourt. — Hon. A. W. Wilkinson, Judge. On the 18th day of January, 1889, the defendants: Maxwell gave a mortgage on the land in controversy to-the defendant K >ynolds. This mortgage was foreclosed on the 13th day of November, 1900, and on the 22d day of' December, 1900, the land was sold under special execution to said Eeynolds. On the 3d day of March, 1891, the-plaintiff obtained a judgment against the Maxwells in Polk county, which was duly transcripted to Warren, county," March 10, 1891. An execution was issued on this judgment in November, 1900, which was…

1Opinion of the CourtSherwin, J.

I. mortgage of judge. In view of the fact that the merits of the controversy between all parties were fully investigated and determined in the equity action, it does not seem Yery material whether the order directthe sheriff to make a deed to the plaintiff was ]3ase(| on pr0per proceedings or not, and we shall give the question but little attention. Section 3843 of the Code provides that “a judge’s order may issue *674in vacation, directing any of the officers of the court in relation to the discharge of their duties.” This provision appears under the head of “Motions and Orders,” and is preceded…

2Cases cited7 opinions

  1. Curtis v. Millard & Co.Supreme Court of Iowa · 1862
  2. Albee v. CurtisSupreme Court of Iowa · 1889
  3. Stahl v. RoostSupreme Court of Iowa · 1872
  4. Shimer v. HammondSupreme Court of Iowa · 1879
  5. Lakin v. C. H. McCormick & Bro.Supreme Court of Iowa · 1890

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3Cited by6 opinions

  1. Walters v. WaltersSupreme Court of Iowa · 1942
  2. Collins v. Board of SupervisorsSupreme Court of Iowa · 1912
  3. Halvorson v. MullinSupreme Court of Iowa · 1916
  4. Deaton v. HollingsheadSupreme Court of Iowa · 1938
  5. Iowa Loan & Trust Co. v. KunschSupreme Court of Iowa · 1912

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