Adair v. Wright
Supreme Court of Iowa
Appeal from Clayton District Court. At the January Term, 1861, of the District Court of said county the plaintiffs obtained a judgment of foreclosure against the defendant for $5,049.69. In April- thereafter the defendant appealed the same to this Court, executing a supersedeas bond with approved security in the penalty of $11,000. At the December Term, 1862, of-this Court, tbe judgment aforesaid was affirmed.
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Appeal from Clayton District Court. At the January Term, 1861, of the District Court of said county the plaintiffs obtained a judgment of foreclosure against the defendant for $5,049.69. In April- thereafter the defendant appealed the same to this Court, executing a supersedeas bond with approved security in the penalty of $11,000. At the December Term, 1862, of-this Court, tbe judgment aforesaid was affirmed. About this time, the defendant entered the military service of the United States, where he still remains in active duty. At the September Term, 1868, of the Clayton County District…
1Opinion of the Court
Lowe, J. —
Tbe order appointing a receiver, under tbe circumstances stated, was made without notice to the defendant. Nevertheless, with or without notice, the motion to vacate the same should have prevailed.
First, because after final judgment of foreclosure, the appointment of a receiver to take charge of the mortgage premises is, to say the least, as unusual as it is believed to be without precedent; and if allowable, the application should be supported by a strong showing, which we think was not done in this case, yet whatever weight or consideration it was entitled to, it was overcome by…
2Cited by2 opinions
- Callanan v. ShawSupreme Court of Iowa · 1865
- Anderson v. MatthewsWyoming Supreme Court · 1899