Bradford v. Limpus
Supreme Court of Iowa
Appeal from Warren District Court. The facts are stated in the opinion of the court. A mistake in the return of a sheriff cannot affect the rights of a purchaser. Hopping v. Burnham, 2 Gr. Grreene, 39; Doe, ex dem. Wolf et al. v. Heath et al., 7 Blackf., 154. It is not irregular to sell lands in a body unless the defendant in execution is prejudiced thereby. Grwynne on Sheriffs, 327; Lessee of Stall v. Macalester, 9 Ohio, 19; Woods v. Monell, 1 John.
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Appeal from Warren District Court. The facts are stated in the opinion of the court. A mistake in the return of a sheriff cannot affect the rights of a purchaser. Hopping v. Burnham, 2 Gr. Grreene, 39; Doe, ex dem. Wolf et al. v. Heath et al., 7 Blackf., 154. It is not irregular to sell lands in a body unless the defendant in execution is prejudiced thereby. Grwynne on Sheriffs, 327; Lessee of Stall v. Macalester, 9 Ohio, 19; Woods v. Monell, 1 John. Ch., 502; Kiser v. Buddiclc et al., 8 Blackf., 382. If the land was divisible, and could be sold in parcels, it was the duty of the officer to…
1Opinion of the CourtLowe, J.
Limpus obtained a judgment against Bradford for $1,200, and costs; levied upon and sold, according to the sheriff’s return upon the execution, the following tracts of land, in a body, to wit: The S. E. ¿ Sec. 16, and the N. i of the N. E. i, and the S. E. i of N. E. i of Sec. 7, all in Towship 75, north of range 25 west, as the property of the defendant in the execution, W. Bradford, — which land was purchased by Limpus as the highest bidder, at $1,829.18, and to whom a certificate of purchase was delivered by the sheriff. Afterwards, Bradford moved to set aside said levy and sale, because he…
2Cases cited1 opinion
- Boyd v. EllisSupreme Court of Iowa · 1860
3Cited by6 opinions
- Axman v. SmithSupreme Court of Missouri · 1900
- Copper v. Iowa Trust & Savings BankSupreme Court of Iowa · 1910
- Drake v. BricknerSupreme Court of Iowa · 1917
- Johnson v. HoveySupreme Court of Kansas · 1872
- Dorsey v. BentzingerSupreme Court of Iowa · 1928
1 more not listed; retrieve them via the Exa API.