Merritt v. Grover
Supreme Court of Iowa
Appeal from Chicleascm Girouit Oou/rt. This is an action in equity to set aside and vacate a sheriffs sale of certain real estate. A motion was made to strike out certain parts of the answer, which was sustained. The answer was demurred to, and the demurrer was sustained. Defendant appeals.
1Opinion of the CourtRothrock, J.
1.execution: time:° statute .mandatory. — -This is the second appeal in this case. See 57 Iowa, 493. The former appeal was from an order sustaining a demurrer to the petition. .The faets as they appear in the petition are fully g^ed in former opinion in the case, which we need not here repeat. It is sufficient to say that it is claimed that the sale should be set aside because there was more than one execution upon the judgment in existence at the time of the sale of the land. It was held on the former appeal that the demurrer should have been sustained because of the existence of two…
2Cases cited1 opinion
- Merritt v. GroverSupreme Court of Iowa · 1881
3Cited by4 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. GasscampTexas Supreme Court · 1888
- Drady v. District Court of Polk CountySupreme Court of Iowa · 1905
- Richardson v. RuskSupreme Court of Iowa · 1932
- Luke v. First National BankSupreme Court of Iowa · 1938