Wilson v. Conklin
Supreme Court of Iowa
Appeal from Benton District Court. In equity. Demurrer to petition sustained, and plaintiff appeals. According to the averments of the petition, we have this case : On the 9th of October, 1865, one Allen 'owned the undivided half of about one hundred and six acres of land.
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Appeal from Benton District Court. In equity. Demurrer to petition sustained, and plaintiff appeals. According to the averments of the petition, we have this case : On the 9th of October, 1865, one Allen 'owned the undivided half of about one hundred and six acres of land. March 9, 1859, Tyler recovered judgment against Allen for $106.20. September 19, 1860, Daniels & Co. recovered judgment for $-. September 20, 1860, Crow obtained judgment for $-. An execution issued on the Tyler judgment. October 19, 1865, and thereunder the land was sold to defendant Shane, for $168.85, and the sheriff…
1Opinion of the Court
Weight, J".
1. Redemption: by creditor before end of six months. Appellees first insist, under their demurrer, that plaintiff, if a judgment creditor as the holder of Daniels & Co. judgment on the 14th of May, 1806, could not then make redemption, £Qr t]lat this was witliin sjx months from the date of the sale, during which time the right of redemption is exclusively in the judgment debtor. In the same connection it is insisted that plaintiff was not, on said 14th of May, a judgment creditor or lien holder, for the reason that the judgment of Daniels & Co. was not assigned to him until in July…
2Cases cited1 opinion
- Hays v. ThodeSupreme Court of Iowa · 1864
3Cited by7 opinions
- Jack v. ColdSupreme Court of Iowa · 1901
- Goode v. CummingsSupreme Court of Iowa · 1872
- West v. FitzgeraldSupreme Court of Iowa · 1887
- Waterloo Savings Bank v. CarpenterSupreme Court of Iowa · 1943
- Fry v. Warfield, Howell, Watt Co.Supreme Court of Iowa · 1898
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