Reese v. Dobbins
Supreme Court of Iowa
Appeal from Mills Circuit Court. Joseph Dobbins being indebted to the plaintiff, Thomas Reese, executed to him a mortgage upon certain real estate to-secure such indebtedness. After the execution of said mortgage Joy.eph Dobbins conveyed said real estate to the appellant, William Dobbins, by a deed with covenants of general warranty.
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Appeal from Mills Circuit Court. Joseph Dobbins being indebted to the plaintiff, Thomas Reese, executed to him a mortgage upon certain real estate to-secure such indebtedness. After the execution of said mortgage Joy.eph Dobbins conveyed said real estate to the appellant, William Dobbins, by a deed with covenants of general warranty. At the November Term, 1877, of the Mills Circuit Court, a judgment was rendered against said Joseph Dobbins upon a note secured by said mortgage, and a decree of foreclosure was duly entered. Special execution was issued for the sale of the mortgaged property.…
1Opinion of the CourtRothrock, J.
*284i. judicial pay costs. *283— That Eeese, the plaintiff in execution, re- *284, fused to comply with the bid made by him on the 22d day of June, and that the sale, upon such refusal, was publicly adjourned, is not denied.. There is a .conflict in the evidence as to the time the adjournment was announced. It was, however, before 4 o’clock p. m., and we . think the court below was justified in finding from the evidence that it was within a very short time, say not to exceed half an hour, after the property was bid off. It appears from the evidence that Eeese refused to comply with his bid because by…
2Cases cited1 opinion
- Downard v. CrenshawSupreme Court of Iowa · 1878
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- Zimmer v. Chase Federal Savings & Loan Ass'nDistrict Court of Appeal of Florida · 1960
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