Landis v. Abrahams
Supreme Court of Iowa
Appeal from Wapello District Court. At the December Term, 1860, of the Wapello District Court, a decree was entered in favor of the plaintiff, foreclosing the defendant’s equity of redemption in certain property by him mortgaged to the plaintiff, to secure certain promissory notes, and ordering the sale of the same. A special execution was issued commanding the sheriff to sell the mortgaged premises pursuant to the decree.
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Appeal from Wapello District Court. At the December Term, 1860, of the Wapello District Court, a decree was entered in favor of the plaintiff, foreclosing the defendant’s equity of redemption in certain property by him mortgaged to the plaintiff, to secure certain promissory notes, and ordering the sale of the same. A special execution was issued commanding the sheriff to sell the mortgaged premises pursuant to the decree. At the May Term following, the defendants asked the court to make an order requiring the sheriff to make the sale in conformity with the provisions of the act entitled “ an…
1Opinion of the CourtLowe, C. J.
The only question for revision in this case is whether the act providing for the appraisment of property sold under execution, approved March 31st 1860, should have a retrospective operation so as to include past contracts. This question was settled so far as this court is concerned in the case of Rosier v. Hede, 10 Iowa 470.
The action of the court below, refusing to direct the sheriff to observe the provisions of said law in making sale of appellant’s w-o-'eriTin e firmed.
2Cases cited1 opinion
- Rosier v. HaleSupreme Court of Iowa · 1860
3Cited by1 opinion
- Schmidt v. HoltzSupreme Court of Iowa · 1876