Lucas v. Hart
Supreme Court of Iowa
Appeal from the Johnson District Court. In Chancery. On the 6th of October, 1843, one Harris recovered judgment against the defendant Hart, in the district court of Johnson, county, who, at the time, owned lot 3 in block 42, in Iowa City. On the 22d of July, 1844, this lot, together with lot 4 in the same block, was sold under a plumes execution, issued on said judgment, to the plaintiff therein, for three hundred dollars.
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Appeal from the Johnson District Court. In Chancery. On the 6th of October, 1843, one Harris recovered judgment against the defendant Hart, in the district court of Johnson, county, who, at the time, owned lot 3 in block 42, in Iowa City. On the 22d of July, 1844, this lot, together with lot 4 in the same block, was sold under a plumes execution, issued on said judgment, to the plaintiff therein, for three hundred dollars. Harris died, and in July, 1849, his administrator, under an order of the probate court, sold said lot to one Eisher. On the 17th of the same month, Fisher sold to Walworth,…
1Opinion of the CourtWright, C. J.
In this case, counsel for the appellant, in their argument, have presented two questions: ,
First. Was the sale of the lot, under the execution to Harris, valid ?
Second. Do the circumstances, as proved, show that Hart is estopped from asserting his title ?
The appellee does not claim that the proceedings, under
*417tbe judgment and execution, were valid; but, by Ms argument, insists substantially, that, though invalid, the respondent is in no position to take advantage of the errors and irregularities attending such proceedings. "We shall, therefore, direct our attention entirely to this view of the…
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3Cited by35 opinions
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