Merritt v. Grover
Supreme Court of Iowa
Appeal from Chickasaw Circuit Court. The petition states the plaintiff Sianda Merritt is the owner of certain real estate, which is fully described, and that Thos. J. Merritt is her husband. That in 1875 the defendant obtained a judgment against said Thomas for $3,620.36, with interest at ten per cent, and á foreclosure of a mortgage on said real estate against both the plaintiffs.
Read the full summary
Appeal from Chickasaw Circuit Court. The petition states the plaintiff Sianda Merritt is the owner of certain real estate, which is fully described, and that Thos. J. Merritt is her husband. That in 1875 the defendant obtained a judgment against said Thomas for $3,620.36, with interest at ten per cent, and á foreclosure of a mortgage on said real estate against both the plaintiffs. That in February, 1879, an execution was issued on the judgment of foreclosure and levied on the real estate, and the same on March 8th, 1879, sold thereunder to the defendant for an amount sufficient to satisfy…
1Opinion of the CourtSeevers, J.
i.execution: ?s*uiugTee-: tion. I. The statute provides “hut one execution shall be in existence at the same time.” Code, § 3025. It is insisted the last execution and sale thereunder should be set aside, because there was outstanding a previous execution, which had not been returned. In support of this proposition, in addition to the statute, Ledyard v. Buckell et al., 5 Hill, 571; Dorland v. Dorland et al., 5 Cow., 417, are cited. These cases were determined on motions to set aside the executions, as having been irregularly issued, and we incline to think there may be a difference where the…
2Cases cited4 opinions
- Twogood v. FranklinSupreme Court of Iowa · 1869
- Downard v. CrenshawSupreme Court of Iowa · 1878
- Butterfield v. WalshSupreme Court of Iowa · 1866
- Dorland v. DorlandNew York Supreme Court · 1826
3Cited by6 opinions
- Mulholland v. D. M., A. & W. R.Supreme Court of Iowa · 1883
- State v. Sawtooth Men's ClubIdaho Supreme Court · 1938
- Harrington v. ClarkSupreme Court of Iowa · 1925
- Merritt v. GroverSupreme Court of Iowa · 1883
- Richardson v. RuskSupreme Court of Iowa · 1932
1 more not listed; retrieve them via the Exa API.