Rosenberger v. Hawker
Supreme Court of Iowa
Appeal from, Muscatine District Court.— IIoN. D. V. Jack-sou, Judge. A sheriee’s sale of real estate having been set aside, the court, on application of the purchaser, entered judgment in his favor against the judgment plaintiff for the money paid, and the latter appeals.
1Opinion of the CourtLadd, J.
Mrs. Odell was the owner of forty acres of land, upon which she had resided with her husband at the time of his death, long prior to the inception of the indebtedness, on which Rosenberger recovered a judgment of $209.80 and costs. Execution was issued on this judgment October 22, 1901, levied on the land, and it sold to Hawker for $2,976, which sum, less the sheriff’s fees and costs of sale, was paid to the clerk of court. The clerk satisfied the judgment by paying Rosenberger $262.10, and retained the balance. In December following, Mrs. Odell instituted a suit in equity, making the persons…
2Cases cited4 opinions
- Clarke v. IngramSupreme Court of Georgia · 1899
- Fullerton v. SherrillSupreme Court of Iowa · 1901
- Cleveland Woolen Mills v. Sibert, Ward & Co.Supreme Court of Alabama · 1886
- Jones v. BlumensteinSupreme Court of Iowa · 1889
3Cited by5 opinions
- Mercer v. CommonwealthSupreme Court of Virginia · 1928
- Swanson v. BaldwinSupreme Court of Iowa · 1957
- State v. StocktonWest Virginia Supreme Court · 1924
- Healy v. Bismarck BankNorth Dakota Supreme Court · 1915
- Stonerook v. WisnerSupreme Court of Iowa · 1915