Legal Opinion

Mullaney v. Cutting

Supreme Court of Iowa

Decided November 24, 1915PublishedCited by 12 opinions

Appeal from Winneshiek District Court. — A. N. Hobson, Judge. Action in equity to set aside a sheriff’s sale of real estate and the sheriff’s deed executed pursuant thereto. There was a decree in the lower court for the plaintiff, and the defendant appeals.

1Opinion of the CourtEvans, C. J.

1. Execution: sale: manner, conduct and validity: sale without redemption : strict compliance with statute. The sale in question was had upon general execution under a judgment against the plaintiff. The amount of the judgment, with interest and costs, was $1,056. The land sold was a farm of 280 acres, worth from $135 to $150 an acre, and encumbered by mortgage to the extent of $16,000 or $17,000. The property was sold for the amount of the judgment, no other hid being received. The defendant was the attorney for the execution *549plaintiff, but made his bid in his own behalf. Upon the acceptance…

2Cases cited1 opinion

  1. Copper v. Iowa Trust & Savings BankSupreme Court of Iowa · 1910

3Cited by12 opinions

  1. Thomas v. District Court of Third Judicial Dist. Ex Rel. Salt Lake CountyUtah Supreme Court · 1946
  2. Drake v. BricknerSupreme Court of Iowa · 1917
  3. Ebinger v. WahrerSupreme Court of Iowa · 1931
  4. Francis v. Todd & Kraft Co.Supreme Court of Iowa · 1935
  5. Security Savings Bank v. KingSupreme Court of Iowa · 1924

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