Teucher & English v. Hiatt
Supreme Court of Iowa
Appeal from Lee District Court. Action to foreclose a mortgage. Ruth Hiatt executed a mortgage upon certain real estate in Lee county, to secure a note for $925, payable to E. P. Martin; : which note the plaintiffs own. There were certain judgments against Ruth Hiatt’s grantors, which were liens upon the real estate at the time of conveyance thereof to •her. On the 28th day of January, 1860, said real estate was sold under execution to satisfy said judgments.
Read the full summary
Appeal from Lee District Court. Action to foreclose a mortgage. Ruth Hiatt executed a mortgage upon certain real estate in Lee county, to secure a note for $925, payable to E. P. Martin; : which note the plaintiffs own. There were certain judgments against Ruth Hiatt’s grantors, which were liens upon the real estate at the time of conveyance thereof to •her. On the 28th day of January, 1860, said real estate was sold under execution to satisfy said judgments. One Alexander Stewart became the purchaser at the sale, and took from the sheriff a certificate of purchase, which he shortly…
1Opinion of the CourtCole, J.
1. Redesiption: computationoftimo. I. At the common law, the rule as to computation of time was not uniform. In certain cases, the day of the act done, or happening of the event . . was vn,eluded / as where a sheriff was not to be called upon to return process after six months from the expiration of his office (King v. Adderly, Doug. 463, 2d ed.); in computing time from an act of bankruptcy; in the limitation of actions against the hundred upon the statute of hue and cry ; to prevent a descent from barring an entry (Co. Litt. 255, a) etc. But the more general rule was to exclude the day,…
2Cases cited2 opinions
- Henry v. JonesMassachusetts Supreme Judicial Court · 1812
- Hoffman v. DuelNew York Supreme Court · 1809
3Cited by8 opinions
- Fetters Ex Rel. Fetters v. City of Des MoinesSupreme Court of Iowa · 1967
- Nebola v. Minnesota Iron Co.Supreme Court of Minnesota · 1907
- Central National Insurance v. LeMars Mutual InsuranceDistrict Court, S.D. Iowa · 1968
- Perkins v. JenningsWashington Supreme Court · 1902
- St. Paul Mercury Indemnity Co. v. NyceSupreme Court of Iowa · 1950
3 more not listed; retrieve them via the Exa API.