Lockwood v. Kitteringham
Supreme Court of Iowa
Appeal from, Harrison District Court. On the 29th day of April, 1875, the plaintiff presented her petition to the lion. O. H. Lewis, judge of the District Court of the fourth judicial district, stating that she is the absolute owner of certain real property therein described, situated in the town of Missouri Talley, Harrison county, with the building thereon; that she had been such owner for two years prior to the presentation of said petition; that at the October term 1874,…
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Appeal from, Harrison District Court. On the 29th day of April, 1875, the plaintiff presented her petition to the lion. O. H. Lewis, judge of the District Court of the fourth judicial district, stating that she is the absolute owner of certain real property therein described, situated in the town of Missouri Talley, Harrison county, with the building thereon; that she had been such owner for two years prior to the presentation of said petition; that at the October term 1874, of the Harrison Circuit Court, the defendant, Henry Kitteringham, obtained a judgment against Ilenry Lockwood, the…
1Opinion of the Court
Milltsr, Ch. J.
Section 3396 of the Code provides that, “when proceedings in a civil action, or on a judgment or final order, are sought to be enjoined, the suit must be brought in the county and court in which such action is pending, or the judgment or order was obtained.”
The petition shows that the judgment, upon which the execution sought to be enjoined was issued, was made a special lien upon the property in the petition described, and the exe*259cution was issued for tlie purpose of enforcing this lien by a sale of the property. The record does not expressly state that the execution was a…
2Cited by10 opinions
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- Grattan v. MattesonSupreme Court of Iowa · 1879
- Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
- Anderson v. HallSupreme Court of Iowa · 1878
- Bankers Trust Co. v. ScottSupreme Court of Iowa · 1933
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