Holland v. Dickerson
Supreme Court of Iowa
Appeal from Polk District Court. JBy decree of the Polk District Court, a foreclosure was ordered of a mortgage made by defendant to plaintiff, in October, 1864, and special execution was awarded.
Read the full summary
Appeal from Polk District Court. JBy decree of the Polk District Court, a foreclosure was ordered of a mortgage made by defendant to plaintiff, in October, 1864, and special execution was awarded. The defendants appealed to the Supreme Court, and on the 11th oí December, 1869, the judgment was affirmed and a new decree of foreclosure was rendered in this court, awarding special execution.' This judgment was, on the 18th of January, 1870, stayed for one year from its date by defendants, with F. R. Laird and William Dickerson securities. A special execution issued on this decree, on which the…
1Opinion of the Court
Day, J. —
The law in force at the time the mortgage in question was executed, and when the' decree of foreclosure was rendered in the court below and in this court, provides that no goods, chattels, lands or tenements shall be sold on execution for less than two-thirds the fair value thereof, to be fixed by appraisers, unless the property has been conveyed by the debtor to defraud creditors, or he elects, before levy, to have his property sold subject to redemption, and without appraisement, in which case he may redeem within one year from the *370time of sale. Revision of 1860, Sections 3332,…
2Cases cited4 opinions
- Rutherford v. Greene's HeirsSupreme Court of the United States · 1817
- Cargill v. PowerMichigan Supreme Court · 1850
- Lapsley v. BrashearsCourt of Appeals of Kentucky · 1823
- Webb v. MooreIndiana Supreme Court · 1865
3Cited by18 opinions
- Brearley School, Ltd. v. WardNew York Court of Appeals · 1911
- Leach v. Commercial Savings BankSupreme Court of Iowa · 1927
- Horse Creek Conservation District v. Lincoln Land Co.Wyoming Supreme Court · 1939
- Scougale v. PageSupreme Court of Arkansas · 1937
- State v. ProutySupreme Court of Iowa · 1900
13 more not listed; retrieve them via the Exa API.