Vannice v. Greene, Traer & Co.
Supreme Court of Iowa
Appeal from Benton District Court. This ■ case grows out of the same transaction as that immediately preceding. Defendants obtained judgment by confession against Bergen and Chinn.
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Appeal from Benton District Court. This ■ case grows out of the same transaction as that immediately preceding. Defendants obtained judgment by confession against Bergen and Chinn. Plaintiff, as a subsequent purchaser of certain lands incumbered by said judgment, filed this bill to remove the cloud created thereby, Maiming that he had notice of the existence of said judgment; that it was rendered in vacation; that the statute was not complied with; that the clerk had no power to enter the same, and that it was void and of no effect. On the hearing the bill was dismissed and plaintiff appeals.
1Opinion of the Court
Wright, Ch. J.
The conclusion arrived at.in the preceding case would seem to render the present one of but little importance to tbe parties. As it may become material, however, to know whether defendants have such- an interest in the property as entitles them to redeem from plaintiffs' mortgage, or to any possible surplus from the salé'of the land, after satisfying the prior incumbrance, we shall very briefly dispose of the questions made.
From-the-report of-the referee, it appears that the statement in writing, filed with the clerk, giving the authority to render:the judgment, has been lost,…
2Cases cited6 opinions
- Vanfleet v. PhillipsSupreme Court of Iowa · 1861
- Edgar v. GreerSupreme Court of Iowa · 1858
- Bernard & Co. v. Douglas & WatsonSupreme Court of Iowa · 1860
- Churchill v. LyonSupreme Court of Iowa · 1862
- Parmlee v. LeonardSupreme Court of Iowa · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Evans v. McGlassonSupreme Court of Iowa · 1864