Mercantile Realty Co. v. Stetson
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. G-eo. W. Wakefield, Judge. Suit in equity to enjoin defendants from selling a large amount of real estate in Sioux .City, Iowa, under a special execution issued on a judgment rendered by tbe district court of Woodbury county, Iowa, in an action wherein A. L. Stetson was plaintiff, and the Northern Investment Company, the then owner of the property, was defendant.
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Appeal from Woodbury District Court. — Hon. G-eo. W. Wakefield, Judge. Suit in equity to enjoin defendants from selling a large amount of real estate in Sioux .City, Iowa, under a special execution issued on a judgment rendered by tbe district court of Woodbury county, Iowa, in an action wherein A. L. Stetson was plaintiff, and the Northern Investment Company, the then owner of the property, was defendant. The injunction was asked upon three grounds: hirst, because the attachment issued in the main suit was never levied on the property; second, because defendant Stetson is estopped by record…
1Opinion of the CourtDeemee, J.
The property which defendants were about to sell on special execution at one time belonged to the Northern Investment Company, a corporation organized under the laws of the state of Kentucky. It was incumbered by mortgages amounting in the aggregate to about $400,000. On or about April 13, 1895, defendant Stetson commenced'action to foreclose one of these mortgages, for something like $23,000, and in said action caused a writ of attachment to issue, which it is claimed was levied upon the property in controversy. Two days prior to that, and on the 11th day of April, one Harrison brought suit…
2Cases cited8 opinions
- First Nat. Bank of Cleveland v. SheddSupreme Court of the United States · 1887
- Schoonover v. Osborne Bros.Supreme Court of Iowa · 1899
- Garner v. FrySupreme Court of Iowa · 1898
- O'Neil v. . Van TasselNew York Court of Appeals · 1893
- Baxter, Reed & Co. v. MyersSupreme Court of Iowa · 1892
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3Cited by7 opinions
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- Hand v. BrownSupreme Court of Georgia · 1915
- Hannigan v. Italo Petroleum Corp. of AmericaSuperior Court of Delaware · 1935
- Hardin v. GrahamSouth Dakota Supreme Court · 1916
- Sonken v. Gemmill, Admr.Indiana Court of Appeals · 1926
2 more not listed; retrieve them via the Exa API.