Litchfield v. Ashford
Supreme Court of Iowa
Appeal from Webster Oireuit Court. These two appeals involve the same question, and they will be determined in one opinion. The question submitted is whether a sheriff is entitled to a percentage upon tbe amount of a sheriff’s sale of real estate on execution, where tbe judgment plaintiff is tbe purchaser, and tbe amount of tbe bid is not paid to tbe sheriff, but credited on tbe judgment.
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Appeal from Webster Oireuit Court. These two appeals involve the same question, and they will be determined in one opinion. The question submitted is whether a sheriff is entitled to a percentage upon tbe amount of a sheriff’s sale of real estate on execution, where tbe judgment plaintiff is tbe purchaser, and tbe amount of tbe bid is not paid to tbe sheriff, but credited on tbe judgment. The court below held that the sheriff was entitled to the percentage, and plaintiff appeals.
1Opinion of the CourtRotheooK, J.
The amount in controversy being less than $100, the circuit court authorized an appeal by making the following certificate:
“I, D. I). Miracle, judge of the circuit court of Webster county, Iowa, do hereby certify that certain questions of law were raised on the trial of the above entitled cause, on plaintiff’s motion to retax the costs, on which it is desirable to have the opinion of the supreme court of this state. Said question is as follows: Where real property of the defendant is sold to satisfy executions in favor of the plaintiff by the sheriff, and at such sale is bid in and purchased…
2Cited by4 opinions
- Jurgens v. HauserMontana Supreme Court · 1897
- Nordyke-Marmon Co. v. Jones Bros.Supreme Court of Iowa · 1895
- Lyman v. ThornWyoming Supreme Court · 1916
- Roberts v. IngallsNevada Supreme Court · 1913