Iowa Loan Co. v. O'Connell
Supreme Court of Iowa
Appeal from Linn District Court.— Hon. B. H. Miller, Judge. Suit in equity to enjoin defendant from interfering with plaintiff in the possession of certain real estate. The trial court granted the relief asked and defendant appeals.
1Opinion of the CourtDeemer, J.
i. execution validity: proof. • Defendant at one time owned the property in controversy. It was sold at sheriff’s sale, and plaintiff holds a sheriff’s deed thereto. It is claimed that the execution under which the sales were had which resulted in the making of the sheriff’s deed were issued out of the district court before any judgment or decree was entered authorizing the same. This is purely a fact question, with the burden upon the defendant and appellant. On the face of the records *362the decrees and executions issued thereunder bear the same dates; but it is presumed that the officers who…
2Cases cited6 opinions
- Callaghan v. MyersSupreme Court of the United States · 1888
- Knox County v. Ninth National BankSupreme Court of the United States · 1893
- Wyland v. FrostSupreme Court of Iowa · 1888
- Hoffman-Bruner Granite Co. v. StarkSupreme Court of Iowa · 1906
- Spitler v. ScofieldSupreme Court of Iowa · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Finley v. PewWyoming Supreme Court · 1922