Brown v. Markley
Supreme Court of Iowa
Appeal from Taylor District Court. The plaintiff filed a petition alleging, in' substance, that on and prior to April 1, 1818, the defendant, A. J. Markley, was the owner of certain lands in the petition described; that on said -day the defendant, G. L. Finn, recovered a judgment against the defendant, A. J. Markley, before a justice of the peace for the sum of seventy-three and fifty-four one hundredth dollars; that execution was stayed by said Markley, with the consent of…
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Appeal from Taylor District Court. The plaintiff filed a petition alleging, in' substance, that on and prior to April 1, 1818, the defendant, A. J. Markley, was the owner of certain lands in the petition described; that on said -day the defendant, G. L. Finn, recovered a judgment against the defendant, A. J. Markley, before a justice of the peace for the sum of seventy-three and fifty-four one hundredth dollars; that execution was stayed by said Markley, with the consent of G. L. Finn, for the period of one year from the date of the judgment; that after the stay in said justice’s court had…
1Opinion of the CourtDay, J.
1. EXECUTION: stay of: justice's court: redemption. I. It appears from the allegations of the petition that the defendent, Markley, stayed the Finn judgment in the justice’s court, before the transcript was filed in the office of the clerk of the Circuit Court. The defendants, other than Markley, insist that the defendant Markley, by staying execution upon the judgment in the justice’s court, waived the right to redeem from the sheriff’s sale. The defendants for this position rely upon Section 3102 of the Code, which is as follows: “The defendant may redeem real property at any time within…
2Cases cited1 opinion
- Sieben v. BeckerSupreme Court of Iowa · 1881
3Cited by4 opinions
- McFall v. FordSupreme Court of Kansas · 1931
- First National Bank of Glidden v. Matt Bauer Farms Corp.Supreme Court of Iowa · 1987
- Sigler v. PharesSupreme Court of Kansas · 1919
- First National Bank of Glidden v. Matt Bauer Farms Corp.Supreme Court of Iowa · 1987