Ramsdell v. Tama Water-Power Co.
Supreme Court of Iowa
Appeal from Tama District Court. — Hon. J. H. Preston, Judge. Actions in chancery to enj.oin and restrain the defendants from selling certain real estate on execution. The actions being substantially alike as to pleading and facts, they are submitted together on the same abstracts and arguments. The district court, upon a trial, dismissed the petitions, and the .plaintiffs appeal.
1Opinion of the CourtRotheock, J.
It is alleged in the petitions that the respective plaintiffs hold separate mortgages upon certain real estate and personal property of the Tama Paper Company; that the defendant, the Tama WaterPower Company, afterwards recovered a judgment against said mortgagors, upon which an execution has been issued and levied upon the real estate mortgaged to the plaintiffs as above stated; that the levy is not made subject to the plaintiffs’ mortgages, but in disregard of the plaintiffs’ rights therein. The defendants, in their answer, deny that the plaintiffs are the owners or holders of the…
2Cases cited1 opinion
- Ruthven Bros. v. Mast & Co.Supreme Court of Iowa · 1881
3Cited by3 opinions
- Kingman Plow Co. v. KnowltonSupreme Court of Iowa · 1909
- Milliman v. EddieSupreme Court of Iowa · 1902
- Gustafson v. DurstSupreme Court of Iowa · 1904