Cunningham v. Felker
Supreme Court of Iowa
Appeal from Hardin District Court. Sheriee’s sale : variance between judgment and WRIT: INADEQUACY OE PRICE : DELAY, ETC. — Petition to set aside sheriff’s sale and deed, filed in May, 1866. The sheriff’s sale was made, October 22, 1860, on an execution from Johnson county, in favor of the present defendant and against the present’plaintiff.
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Appeal from Hardin District Court. Sheriee’s sale : variance between judgment and WRIT: INADEQUACY OE PRICE : DELAY, ETC. — Petition to set aside sheriff’s sale and deed, filed in May, 1866. The sheriff’s sale was made, October 22, 1860, on an execution from Johnson county, in favor of the present defendant and against the present’plaintiff. The sheriff’s deed to the defendant was executed in June, 1862. The property sold, consisted of certain lots in the village of Steamboat Rock, in Hardin county. There is no evidence that these lots were actually occupied at the time of the sheriff’s levy…
1Opinion of the Court
Dillon, Ch. J.
— The plaintiff claims that he is entitled to have the sheriff’s sale and deed set aside on various grounds. These we proceed to notice.
I.. For •variance between the execution and judgment.
*1191. Judicial sale: variance between judgement and writ. *118The judgment is for $201 debt, and $7.15 costs. The execution is for $201.50 debt, and $8.40 costs. The prop*119erty sold for'less than the amount of the judgment. The difference in the amount of costs is accounted for by adding the clerk’s fee for the execution, $1.25, to the $7.15 specified in the judgment. The only real variance between the…
2Cases cited2 opinions
- Cooley v. BraytonSupreme Court of Iowa · 1864
- Dean v. GoddardSupreme Court of Iowa · 1862
3Cited by8 opinions
- Brandt v. BrandtOregon Supreme Court · 1902
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Capital Bank v. HuntoonSupreme Court of Kansas · 1886
- Otis Bros. & Co. v. NashWashington Supreme Court · 1901
- Connecticut Mutual Life Insurance v. BrownSupreme Court of Iowa · 1890
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