Cooley v. Wilson
Supreme Court of Iowa
AjpjpeMl from Winneshielc District Court. On the 20th day of February, 1878, three general executions were issued on judgments of the Winneshiek District Court, against the defendant, S. O. Wilson. E. E. Cooley, the plaintiff in this action, was attorney for the plaintiffs in execution, and caused the executions to issue, and gave the sheriff directions to levy on the -defendant’s store and lot.
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AjpjpeMl from Winneshielc District Court. On the 20th day of February, 1878, three general executions were issued on judgments of the Winneshiek District Court, against the defendant, S. O. Wilson. E. E. Cooley, the plaintiff in this action, was attorney for the plaintiffs in execution, and caused the executions to issue, and gave the sheriff directions to levy on the -defendant’s store and lot. The sheriff’s returns show that on the same day the executions were received by him he levied on the west 22 feet of lots 1 and 4, in block 11, in Decorah, and after reciting the giving of notice, the…
1Opinion of the CourtRothrock, J.
I. The evidence in this case satisfactorily establishes the following state of facts: The defendant, Wilson, was the owner of the property described in the sheriff’s return of the levy and in the deeds. The sheriff intended to, and did in fact, sell the property of the defendant, though by an erroneous description. The defendant knew that the sale was on executions directed against his property, and he says in his testimony, L was close Toy so I could hear the sale, and the sheriff announced at the sale, on inquiry being made, that he was selling defendant’s store and lot. The plaintiff,…
2Cases cited5 opinions
- Gower v. DoheneySupreme Court of Iowa · 1871
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1855
- Evans v. McGlassonSupreme Court of Iowa · 1864
- Halloway v. PlatnerSupreme Court of Iowa · 1865
- Butterfield v. WalshSupreme Court of Iowa · 1873
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