Stimpson v. Pease
Supreme Court of Iowa
Appeal from Lee Cvreuit Court. Action to enjoin an execution sale. The property consists of certain real estate in the city of Keokuk. It was formerly owned by Henry Waterman, tlie execution debtor. Waterman executed two mortgages upon it, wbieb mortgages became tbe property of tbe plaintiffs, H. M. Stimpson and B. P. Hambleton. After tbe execution of tbe mortgages tbe defendants S. C. & S. Carter obtained a judgment against Waterman, which became a lien upon tbe property.
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Appeal from Lee Cvreuit Court. Action to enjoin an execution sale. The property consists of certain real estate in the city of Keokuk. It was formerly owned by Henry Waterman, tlie execution debtor. Waterman executed two mortgages upon it, wbieb mortgages became tbe property of tbe plaintiffs, H. M. Stimpson and B. P. Hambleton. After tbe execution of tbe mortgages tbe defendants S. C. & S. Carter obtained a judgment against Waterman, which became a lien upon tbe property. Tbe execution sought to be enjoined was issued upon that judgment. Tbe plaintiffs have never foreclosed. Waterman was…
1Opinion of the Court
Adams, Oh. J.
1 ciiase by1’111' mortgagee. • No copy of the execution is set out. We must assume that it was a general execution in the ordinary form. No claim of priority in respect to the ^e]1 the judgment appeared, we suppose, upon jqs faCe_ Whether, if the lien was a subsisting one, the plaintiffs were entitled to an injunction to restrain the sale merely on account of a claim of priority set up extrinsic to the execution, and in no way affecting the substantial rights of any one, seems to us to be doubtful. But this question is not presented to us. The questions which the parties have…
2Cases cited4 opinions
- Overholser v. ClarkTennessee Supreme Court · 1850
- Wickersham v. ReevesSupreme Court of Iowa · 1855
- Wilhelmi v. LeonardSupreme Court of Iowa · 1862
- Lyon v. McIlvaineSupreme Court of Iowa · 1867
3Cited by8 opinions
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Kern v. HotalingOregon Supreme Court · 1895
- Edney v. JensenNebraska Supreme Court · 1927
- Christy v. ScottMissouri Court of Appeals · 1888
- Harrington v. FeddersenSupreme Court of Iowa · 1929
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