Parish v. Elwell
Supreme Court of Iowa
Appeal from Pottawattamie Girouit Gourt. This action is brought for judgment on three promissory notes executed respectively on the 6th day of April, the 19th day of June, and the 1st day of October, 1875, by D. 13. Elwell to plaintiffs, and for the foreclosure of mortgages executed contemporaneously with the notes, to secure them. The petition alleges that Fred. Fry has some claim upon the real estate described in the mortgages, and asks that the mortgages be foreclosed.
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Appeal from Pottawattamie Girouit Gourt. This action is brought for judgment on three promissory notes executed respectively on the 6th day of April, the 19th day of June, and the 1st day of October, 1875, by D. 13. Elwell to plaintiffs, and for the foreclosure of mortgages executed contemporaneously with the notes, to secure them. The petition alleges that Fred. Fry has some claim upon the real estate described in the mortgages, and asks that the mortgages be foreclosed. The defendant, Ered. Ery, filed an answer alleging that he is the absolute owner of a portion of the property described,…
1Opinion of the Court
Day, Ch. J.
i. constitucoíiftructíou : of statute. Appellant claims that the lien created by accepting and recording the stay bond in question was lost the delay in issuing execution. Section 3067 °*' the Code provides that at the expiration of the stay |.|ie sliall issue a joint execution against the property of all the judgment debtors and sureties. It is *164claimed that, under this provision, the execution must issue as soon as the stay expires, and that a neglect upon the part of the clerk to do so, as to third £>ersons at least, discharges the lien. We are satisfied that this is not the…
2Cases cited1 opinion
- Dishon v. SmithSupreme Court of Iowa · 1859
3Cited by6 opinions
- Jordan v. Circuit Court of Wapello Co.Supreme Court of Iowa · 1886
- Bechtel v. Board of SupervisorsSupreme Court of Iowa · 1933
- State v. MinorSupreme Court of Iowa · 1898
- Johnson v. Incorporated Town of RemsenSupreme Court of Iowa · 1933
- Brothers v. PickelNew Jersey Superior Court Appellate Division · 1879
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