Gresham v. Chantry
Supreme Court of Iowa
Appeal from Guthrie Oireuit Court. This action was brought by John Gresham to enforce the collection of a judgment by execution against certain real estate, of which John Pearson, deceased, died seized. The administratrix of Pearson, his heirs, and certain other persons who claim to be owners of the property by purchase at administrator’s sale, were made defendants.
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Appeal from Guthrie Oireuit Court. This action was brought by John Gresham to enforce the collection of a judgment by execution against certain real estate, of which John Pearson, deceased, died seized. The administratrix of Pearson, his heirs, and certain other persons who claim to be owners of the property by purchase at administrator’s sale, were made defendants. The defense to the claim was that some sixty per cent of it was paid before judgment was rendered thereon, and that the defendants who now claim title to the property, and are in possession of the same, have the superior right…
1Opinion of the CourtRothrock, J.
I. Counsel for plaintiff, after insisting in his opening argument that this is an action at law, at the close of his argument, in reply, joins the defendants’ counsel in requesting the court to try the cause as in equity. We think, inasmuch as the plaintiff in the first instance thought it necessary to make the present claimants of the property parties defendant, and as they hold whatever right they have by a judicial sale, and their defense is purely equitable, the trial of the case in the court below as an equitable action was proper, and no question should have been made in regard to the…
2Cited by3 opinions
- State v. AumannSupreme Court of Iowa · 1978
- Hume v. FranzenSupreme Court of Iowa · 1887
- State v. AumannSupreme Court of Iowa · 1978