Aultman, Miller & Co. v. McGrady
Supreme Court of Iowa
Appeal from Cerro Gordo Circuit Court. Action in equity to correct a record entry and establish the lien of a judgment as paramount to the lien of a mortgage. The plaintiffs obtained two small judgments against the defendant, McGrady, before a justice of the peace of Cerro Gordo county.
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Appeal from Cerro Gordo Circuit Court. Action in equity to correct a record entry and establish the lien of a judgment as paramount to the lien of a mortgage. The plaintiffs obtained two small judgments against the defendant, McGrady, before a justice of the peace of Cerro Gordo county. Afterward, they caused transcripts of the judgments to be filed in the office of the clerk of the Circuit Court of the county, and caused an execution to issue which was levied upon certain growing crops. Afterwards, the plaintiffs agreed to extend the time of payment, and in consideration thereof, McGrady…
1Opinion of the CourtAdams, J.
1. EXECUTUION: satisfaction of: return. A return upon execution is evidence only of what can properly be embraced in a return. A .return show-™g that the judgment has been satisfied by the judgment defendant is not evidence of such fact, Abercrombie v. Chandler, 9 Ala., 625. A return upon execution should be a statement of what is done by the officer in obedience to the writ. The provision of statute in relation thereto is in these words: “ The officer to whom an execution is legally issued shall indorse thereon the day and hour when he received it, and the levy, sale, or other act done by…
2Cases cited4 opinions
- Gilchrist v. Branch Bank at MontgomerySupreme Court of Alabama · 1847
- McKeagg v. CollehanSupreme Court of Alabama · 1848
- Whittlesey v. StarrSupreme Court of Connecticut · 1830
- Abercrombie's Adm'r v. ChandlerSupreme Court of Alabama · 1846
3Cited by7 opinions
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Haggerty v. Sherburne Mercantile Co.Montana Supreme Court · 1947
- State v. RockerSupreme Court of Iowa · 1906
- Parsons v. Grand Lodge of Ancient Order of United WorkmenSupreme Court of Iowa · 1899
- Benjamin v. SheaSupreme Court of Iowa · 1891
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