Meredith v. Peterson
Supreme Court of Iowa
Appeal from Gass District Court. — Hon. W. N. G-reen, Judge. DEFENDANT bad given three mortgages upon his real estate. The first was held by one Leet, the second by Coe, and the last by plaintiff. Plaintiff also held a chattel mortgage executed by defendant to secure the indebtedness due it. The Leet mortgage had been foreclosed, and the property sold under it. Plaintiff had become the owner of the Coe mortgage by assignment.
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Appeal from Gass District Court. — Hon. W. N. G-reen, Judge. DEFENDANT bad given three mortgages upon his real estate. The first was held by one Leet, the second by Coe, and the last by plaintiff. Plaintiff also held a chattel mortgage executed by defendant to secure the indebtedness due it. The Leet mortgage had been foreclosed, and the property sold under it. Plaintiff had become the owner of the Coe mortgage by assignment. On the last day of the nine-months period following the sale under the Leet mortgage, near midnight, plaintiff applied to the clerk of the court to make redemption from…
1Opinion of the CourtWateRmaN, J.
1 — The judgment provided that it should not go into effect until five days after its date. The notice of appeal was served before this five-day period expired. Appellee moves to dismiss the appeal on the ground that the judgment was not in force when such appeal was taken. There is no merit in this claim. The court had concluded the controversy, and entered its findings against plaintiff. If the stay had any effect it only served to suspend enforcement of the judgment during the period mentioned, but upon its entry the judgment was effective in determining the rights of appellant. It could…
2Cases cited4 opinions
- West v. FitzgeraldSupreme Court of Iowa · 1887
- Lamb v. FeeleySupreme Court of Iowa · 1886
- Craig v. AlcornSupreme Court of Iowa · 1877
- Tharp v. ForrestSupreme Court of Iowa · 1888
3Cited by3 opinions
- Millar v. MillarCalifornia Court of Appeal · 1921
- Eide v. WollesenUnited States Bankruptcy Court, N.D. Iowa · 2006
- In Re LitwillerUnited States Bankruptcy Court, N.D. Iowa · 2006