Curtis v. Millard & Co.
Supreme Court of Iowa
Appeal from Bremer District Court. The firm of Gregory, Tilton & Co., in July, 1859, recovered. a judgment of foreclosure against tbe firm of Downing & Foster, for tbe sum of $849.60. On tbis judgment, tbe mortgaged premises were sold to tbe said Gregory, Tilton & Co., for $500, at sheriff's sale.
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Appeal from Bremer District Court. The firm of Gregory, Tilton & Co., in July, 1859, recovered. a judgment of foreclosure against tbe firm of Downing & Foster, for tbe sum of $849.60. On tbis judgment, tbe mortgaged premises were sold to tbe said Gregory, Tilton & Co., for $500, at sheriff's sale. Afterward, on tbe 25th day of February, 1860, tbe premises in controversy were sold under a general execution to tbe said Gregory, Tilton & Co., for $464.50, as tbe property of Downing & Foster, to satisfy tbe balance then due on said judgment. On the 24th day of July, 1860, defendants obtained a…
1Opinion of the CourtLowe, J.
Two questions arise upon the facts as above stated:
1. Was the defendants’ judgment a lien upon the real estate sold upon the execution in favor of Gregory, Tilton & Co.?
2. If so, could the defendants enforce this lien against the grantee of tbe execution debtor without first redeeming the property from tbe sale to tbe said Gregory, Tilton & Co.?
The appellant holds to the negative of both questions. In regard to the first, he insists that after a sheriff’s sale of a debtor’s property, the debtor has nothing left in the property sold except the naked right of redemption, which is not an…
2Cases cited5 opinions
- Evertsen v. SawyerNew York Supreme Court · 1829
- Bissell v. PaynNew York Supreme Court · 1822
- Vaughn v. ElyNew York Supreme Court · 1848
- Titus v. LewisNew York Supreme Court · 1848
- Van Rensselaer v. Sheriff of OnondagaNew York Supreme Court · 1823
3Cited by25 opinions
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Hamilton v. HamiltonMontana Supreme Court · 1916
- Clark v. StrohbeenSupreme Court of Iowa · 1921
- Kaston v. StoreyOregon Supreme Court · 1905
- McQueeney v. ToomeyMontana Supreme Court · 1907
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