Legal Opinion

Downard v. Crenshaw

Supreme Court of Iowa

Decided October 23, 1878PublishedCited by 10 opinions

Appeal from Ioioa Circuit Court. Action in chancery. There was a decree dismissing plaintiff’s petition, and he appeals. The facts are stated in the opinion.

1Opinion of the CourtSeevers, J.

1. execution: when a second cannot he levied. The defendant Crenshaw recovered a judgment against the plaintiff, upon which an execution was issued and levied by the defendant Gardner, as sheriff, upon certain real estate which he afterward offered to sell, and the defendant Crenshaw, being the highest bidder, the same was struck off to him. Within an hour or two thereafter the sheriff was informed by Crenshaw’s attorney that he withdrew his bid, having discovered the property was incumbered so that it was not worth the amount of the bid. Thereupon the sheriff made the following return of the…

2Cases cited2 opinions

  1. McWilliams v. MyersSupreme Court of Iowa · 1860
  2. Miller v. FelknerSupreme Court of Iowa · 1876

3Cited by10 opinions

  1. Weaver v. StacySupreme Court of Iowa · 1895
  2. Holtzinger v. EdwardsSupreme Court of Iowa · 1879
  3. Glancy v. RagsdaleSupreme Court of Iowa · 1960
  4. Crawford v. ForemanSupreme Court of Iowa · 1905
  5. Merritt v. GroverSupreme Court of Iowa · 1881

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