Gates v. Ives
Supreme Court of Iowa
Appeal from, Louisa District Court. — Osoar Hale, Judge. Action in equity, in which plaintiff seeks to redeem land under execution sale. Plaintiff also asked an injunction to restrain the sheriff and the administratrix from proceeding with the sale under the levy on the equity of redemption. A temporary injunction was granted. After a full trial, the trial court found for the defendants, dismissed plaintiff’s petition, and dissolved the temporary writ. The plaintiff appeals.—
1Opinion of the CourtPreston, J.
The action is to redeem from the sale of 200 acres of land. The only parties named as defendants in the original petition are those stated in the caption.
Some dates, which seem to be material, may be helpful in understanding the case, and will be first stated. One Henry Brane, while the owner of the land in controversy, had executed *852to one J. N. Dutton a first mortgage thereon. Later, Braue conveyed the land to C. T. Wagler, who, on August 28, 1916, executed to Braue a second mortgage on the land for $4,500, due in 10 years. Subsequently, and on April 1, 1918, the ad-ministratrix of the…
2Cases cited3 opinions
- Iowa Loan & Trust Co. v. KunschSupreme Court of Iowa · 1912
- Burns v. HanbySupreme Court of Iowa · 1918
- Hawkeye Insurance v. MaxwellSupreme Court of Iowa · 1903
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