Poweshiek County v. Dennison
Supreme Court of Iowa
Appeal from Poweshiek District Oowrt. This action is brought to foreclose a school-fund contract, which is as follows: “ Contract made and entered into between ¥m.
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Appeal from Poweshiek District Oowrt. This action is brought to foreclose a school-fund contract, which is as follows: “ Contract made and entered into between ¥m. H. Barnes as school fund commissioner for the county of Poweshiek, Iowa, and Samuel M. Dennison, witnesseth, that the said school fund commissioner has bargained and sold, and by these presents does bargain and sell to the said Dennison, the following described land, being a portion of section numbered sixteen granted to the State for the use of the schools by an act of congress, viz.: the south-east one-fourth of section 16, in…
1Opinion of the Court
Miller, J.—
The only question raised by the demurrer, and presented in argument, is whether a former action having been brought upon the note and contract for interest due and unpaid, in which a judgment and decree of foreclosure was rendered, upon which a special execution was issued and the land sold thereunder, a second action, to foreclose and sell the land for the balance due on the note, can be maintained?
At the time of the making of this contract the school fund commissioner of the county was authorized by law to sell *247these lands (§§ 1044, 1048, of the Code of 1851), and the contract…
2Cases cited10 opinions
- Kelly v. PayneSupreme Court of Alabama · 1850
- Pierson v. DavidSupreme Court of Iowa · 1855
- Tallman v. ElyWisconsin Supreme Court · 1858
- Amory v. ReillyIndiana Supreme Court · 1857
- Lansing v. GoeletCourt for the Trial of Impeachments and Correction of Errors · 1827
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- Boynton v. SalingerSupreme Court of Iowa · 1910
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