Carnes v. Crandall
Supreme Court of Iowa
Appeal from the Mahaska District Court. The petition represents tbat on tbe 3d day of September, 1851, in tbe District Court in Marion county, tbe petitioner recovered a judgment against Anson Crandall, then living; and tbat on tbe 29tb November, 1851, a transcript of this judgment was filed in tbe office of tbe cleric of tbe District Court in Mabasba county; tbat after tbis, said Anson Crandall deceased; tbat at tbe time of tbe rendition of tbe above judgment, said Crandall…
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Appeal from the Mahaska District Court. The petition represents tbat on tbe 3d day of September, 1851, in tbe District Court in Marion county, tbe petitioner recovered a judgment against Anson Crandall, then living; and tbat on tbe 29tb November, 1851, a transcript of this judgment was filed in tbe office of tbe cleric of tbe District Court in Mabasba county; tbat after tbis, said Anson Crandall deceased; tbat at tbe time of tbe rendition of tbe above judgment, said Crandall owned certain real estate inMabaska county, which is described; and that no part of the judgment has been paid. The…
1Opinion of the CourtWoodward, J.
It is not necessary to enter into a detailed consideration of the questions raised on the pleadings, by the arguments of counsel.
The petitioner appears to have misconceived, in some measure, either the remedy which he wants, or the means of obtaining it. He does not need a decree in equity to make his.judgment a lien on the land in Mahaska county. It is so already, by virtue of the law and the filing of the transcript. He wants, first, to revive his judgment against the administrator, so as to make her a party, and so as to be able to issue execution.
*153Eor this purpose, a scire facias is the…
2Cases cited1 opinion
- Postlewait v. HowesSupreme Court of Iowa · 1856
3Cited by7 opinions
- Allen v. MoerSupreme Court of Iowa · 1864
- Harshberger v. HarshbergerSupreme Court of Iowa · 1868
- Haven & Buck v. BaldwinSupreme Court of Iowa · 1858
- Egan v. Chicago Great Western Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1908
- J. I. Case Threshing Machine Co. v. EdmistenNebraska Supreme Court · 1909
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