Penny v. Cook
Supreme Court of Iowa
' Appeal from Pollc District Court, Sales under 'deeds of trust'; must be ■ a valid power: 'effect of usury: when such sales will be SET ASIDE, ETC. — The action-of the plaintiff was in ejectment to recover possession of lots 3 and 4, block 1, West Fort Des Moines. It was commenced April 19, 1862, against Cook aloile. Cook’s original answer contained a general denial. Afterwards, by leave of court, he filed, “ by way of amendment, a second and further answer.”
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' Appeal from Pollc District Court, Sales under 'deeds of trust'; must be ■ a valid power: 'effect of usury: when such sales will be SET ASIDE, ETC. — The action-of the plaintiff was in ejectment to recover possession of lots 3 and 4, block 1, West Fort Des Moines. It was commenced April 19, 1862, against Cook aloile. Cook’s original answer contained a general denial. Afterwards, by leave of court, he filed, “ by way of amendment, a second and further answer.” Mrs. Cook was, upon proper application, permitted to defend, and she filed her separate answer. The answers, among other things, aver:…
1Opinion of the CourtDillon, J.
x. pleadabieae?mt" ejectment. Under section 2880 of the Revision, the defendants were authorized “ to set forth in their answers as many causes of defense, legal or equitable, as they had.” Rosierz v. Van Dam, 16 Iowa, 175: Van Orman v. Stafford, Clark & Co., Id., 186. The affirmative defenses of Cook and wife were equitable in their nature, and are to be viewed in the same manner as to sub* stance, as if the same facts had been made the basis of a petition in chancery to set aside the trustee’s sale.
Thus regarded, they were undoubtedly sufficient to require the court to set aside the sale,…
2Cases cited8 opinions
- Beatie v. ButlerSupreme Court of Missouri · 1855
- McCall v. Byram Manufacturing Co.Supreme Court of Connecticut · 1827
- Jackson ex dem. Sternberg v. DominickNew York Supreme Court · 1817
- Sears v. LivermoreSupreme Court of Iowa · 1864
- Perkins v. ConantIllinois Supreme Court · 1862
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3Cited by6 opinions
- Smith v. WoodwardSupreme Court of Virginia · 1918
- Barstow v. StoneColorado Court of Appeals · 1897
- Fulton v. JohnsonWest Virginia Supreme Court · 1884
- Thurman v. LeeSupreme Court of Georgia · 1935
- Barstow v. StoneColorado Court of Appeals · 1897
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