Myers v. Farmer
Supreme Court of Iowa
Appeal from Poweshiek District Court. The Independent School District of Montezuma obtained a judgment against the plaintiff Myers. Ilis co-plaintiff', Carl Schultz, became liable therefor by reason of having signed a bond to stay execution. Afterward the school district assigned the judgment to the defendant Wilson Beall, who, at the expiration of the stay, caused execution to issue and to be put into the hands of the defendant, Farmer, as sheriff of Poweshiek county.
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Appeal from Poweshiek District Court. The Independent School District of Montezuma obtained a judgment against the plaintiff Myers. Ilis co-plaintiff', Carl Schultz, became liable therefor by reason of having signed a bond to stay execution. Afterward the school district assigned the judgment to the defendant Wilson Beall, who, at the expiration of the stay, caused execution to issue and to be put into the hands of the defendant, Farmer, as sheriff of Poweshiek county. This action is brought to enjoin the execution. The plaintiffs aver in substance that the judgment has been virtually paid by…
1Opinion of the CourtAdams, J.
The judgment against Myers was valid, however erroneously rendered. The assignment executed as running to Beall, has been delivered to him. He was charged by Head Bros., in account, with the six hundred dollars advanced by them. He has approved the charge and accounted with them on that basis. If the judgment is not valid in his hands it is because certain equities arose in favor of the plaintiffs by-reason of the advancements, and because Beall took the judgment subject to such equities.
It is insisted that no equities could have arisen in the plaintiff’s favor because he received and used…
2Cases cited1 opinion
- Johnston v. BeldenSupreme Court of Iowa · 1878
3Cited by2 opinions
- Williams v. CarrWest Virginia Supreme Court · 1915
- Steger v. HumeTexas Supreme Court · 1904