Williams v. Dickerson
Supreme Court of Iowa
Appeal from Gass Oirouit Oourt. Action in equity to establish plaintiff’s right to redeem certain real estate from a sale on execution., It is alleged in the petition that one Theodore Johnson purchased of defendants a certain 80-acre tract of land, and agreed to pay them therefor the sum of $1,320, and that he gave them therefor liis five promissory notes falling due at different times, and that they gave him a title-bond, whereby they bound themselves to convey said land…
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Appeal from Gass Oirouit Oourt. Action in equity to establish plaintiff’s right to redeem certain real estate from a sale on execution., It is alleged in the petition that one Theodore Johnson purchased of defendants a certain 80-acre tract of land, and agreed to pay them therefor the sum of $1,320, and that he gave them therefor liis five promissory notes falling due at different times, and that they gave him a title-bond, whereby they bound themselves to convey said land to him on the payment of said notes. It is further alleged that said Johnson afterwards sold said land to plaintiff, and…
1Opinion of the CourtReed, J.
1sa^e^mort1' Sosure^saie for morfalüau liollsnot yet redemption.0* I. By seeking to redeem the premises, plaintiff concedes, inferentially at least, that the sale is valid. The to redeem from an execution sale is given ^y the statute to enable the party by that means to preserve some right or interest in the property which, but for that right and its exercise, would be divested by the sale. The right of redemption given by the statute can be exercised only after the property has been sold, and, as the right is purely statutory, a court of equity will establish the right of a party to exercise…
2Cases cited2 opinions
- Poweshiek County v. DennisonSupreme Court of Iowa · 1873
- Escher v. SimmonsSupreme Court of Iowa · 1880
3Cited by4 opinions
- Railway Co. v. JonesSupreme Court of Arkansas · 1894
- Case v. FrySupreme Court of Iowa · 1894
- Kingman Plow Co. v. KnowltonSupreme Court of Iowa · 1909
- Coburn v. DavisSupreme Court of Iowa · 1928