Grapengether v. Fejervary
Supreme Court of Iowa
Appeal from Scott District Court. The plaintiff was an infant and sole heir of Herman Grap-engether, who died while on his way to Davenport, Iowa, in 1854. His mother, Eredrika, received the money and property which belonged to her husband, and on arriving at Davenport, was duly appointed and qualified as the adminis-tratrix of his estate. A portion of the money received by her as such administratrix was loaned.
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Appeal from Scott District Court. The plaintiff was an infant and sole heir of Herman Grap-engether, who died while on his way to Davenport, Iowa, in 1854. His mother, Eredrika, received the money and property which belonged to her husband, and on arriving at Davenport, was duly appointed and qualified as the adminis-tratrix of his estate. A portion of the money received by her as such administratrix was loaned. In July in the same year sho purchased lot eighteen, and the east half of lot seventeen,. In Green’s addition to Davenport, for $850; $450 of which was paid at the time, and the…
1Opinion of the CourtStockton, J.
The decree setting aside the sale of E. lot 17, made by the sheriff under the foreclosure of Eejervary *172was authorized by the facts shown in the record. The proceeding instituted by Eejervary was to foreclose his mortgage by notice and sale by the sheriff, under the statute, for the non-payment of two notes for one hundred dollars each, due respectively January 3d, and July 3d, 1855. The sheriff should have sold only so much of the mortgaged premises as might be sufficient to pay these notes with interest and costs. [Code, Sec. 2091.) Instead of this he sells the east half of lot 17, with the…
2Cases cited1 opinion
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by22 opinions
- Williams v. AllisonSupreme Court of Iowa · 1871
- Whipple v. FowlerNebraska Supreme Court · 1894
- Larson v. MetcalfSupreme Court of Iowa · 1926
- Heaton v. FrybergerSupreme Court of Iowa · 1874
- Gebb v. HowellCourt of Appeals of Maryland · 1874
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