Osborn v. Cloud
Supreme Court of Iowa
Appeal from Polh District Court The appeal in tbis case is brought to reverse a ruling of the District Court upon a motion made by the defendant to set aside a sheriff’s sale of a judgment, levied on by virtue of a writ of attachment.
1Opinion of the CourtCole, J.
practice: eet asme a sale I. The purchaser of the judgment at the sheriff’s sale was not the execution plaintiff or party thereto, and was not made a party to the motion to set the sale aside, nor was he served with notice of the motion, nor did he appear thereto. Even if a sheriff’s sale may be set aside on motion when the purchaser is a third person, not a party to or interested in the execution, it certainly cannot be done, so as to *239affect the right of such purchasers, without giving him notice of such motion. It was error therefore to set aside the sale without notice to the purchaser,…
2Cases cited5 opinions
- Wright v. LeclaireSupreme Court of Iowa · 1856
- Ritter v. HenshawSupreme Court of Iowa · 1858
- County of Polk ex rel. School Fund v. SypherSupreme Court of Iowa · 1864
- Cline v. GreenIndiana Supreme Court · 1820
- Lyster v. BrewerSupreme Court of Iowa · 1862
3Cited by4 opinions
- Iowa Savings & Loan Ass'n v. ChaseSupreme Court of Iowa · 1902
- State ex rel. Thatcher v. Justice Court of Reno TownshipNevada Supreme Court · 1922
- Ewing v. Wilson & HowellTexas Supreme Court · 1885
- Bank of Horton v. KnoxSupreme Court of Iowa · 1906