Roberts v. Rumley
Supreme Court of Iowa
Appeal from, Hardin Circuit Court. This is an action for an injunction to restrain the selling of certain property, levied upon under an execution, and for a decree canceling the judgment and subrogating the plaintiff to the extent of one hundred dollars, to the rights of -the mortgagees in a certain mortgage in the petition described. The court granted the relief prayed. The defendants áppeal. The material facts are stated in the opinion.
1Opinion of the CourtDay, J.
In 1872, one J. H. Hoffman, and the plaintiff, W. H. Eoberts, executed to the defendants, M. & J. Eumley, three promissory notes, the makers being in form, both principals, but, as between themselves, Eoberts being a surety. In 1874 said Hoffman executed to said Eumleys two promissory notes.
On the 25th day of February, 1876, the Eumleys recovered judgment against Hoffman on said two notes for $747.50 and costs, and attorney’s fees. And on the 3d day of March, 1876, the said Eumleys recovered judgment against Hoffman and Eoberts on said three notes for $611.25 and *302costs. Huff & Reed, Esqrs.,…
2Cases cited3 opinions
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
- Davenport Savings Fund & Loan Ass'n v. North American Fire InsuranceSupreme Court of Iowa · 1864
- Beidman v. GoodellSupreme Court of Iowa · 1881
3Cited by15 opinions
- Wheeler v. Northwestern Sleigh Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1889
- Shannon v. GaarSupreme Court of Iowa · 1944
- Bohart, Dillingham & Co. v. Oberne, Hosick & Co.Supreme Court of Kansas · 1887
- Groeltz v. Armstrong Real Estate Co.Supreme Court of Iowa · 1902
- Huismann v. AlthoffSupreme Court of Iowa · 1926
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