Holtzinger v. Edwards
Supreme Court of Iowa
Appeal from Fremont District Court. The plaintiffs claiming to have certain mechanics’ liens against real estate owned by the defendant procured judgments thereon in the District Court of the county in which the property was situate. Executions were issued and the real estate sold, the plaintiffs being the purchasers. The effect of such sale was to satisfy the judgments. This action is brought to set aside the sale and satisfaction.
Read the full summary
Appeal from Fremont District Court. The plaintiffs claiming to have certain mechanics’ liens against real estate owned by the defendant procured judgments thereon in the District Court of the county in which the property was situate. Executions were issued and the real estate sold, the plaintiffs being the purchasers. The effect of such sale was to satisfy the judgments. This action is brought to set aside the sale and satisfaction. The District Court refused the relief asked, and plaintiffs appeal.
1Opinion of the CourtSeevers, J.
1. nrmciAL sale: satisfactionor juag. menis prior liens. — The rule is that purchasers at execution sales must take care and see to it the debtor has a title or interest in the property sold. Dean v. Morris, 4 G. Greene, 312: Downard v. Crenshaw, 49 Iowa, 296. If there has been no negligence in this respect, and the debtor had neither title nor interest, relief has been granted in equity. Ritter v. Henshaw, 7 Iowa, 97, and cases cited. It is provided by statute that the sale may be set aside “where the judgment on which the execution issued was not a lien” on the pnrperty sold. Code, § 3090.
Th…
2Cases cited5 opinions
- Chambers v. CochranSupreme Court of Iowa · 1864
- Cowles v. BaconSupreme Court of Connecticut · 1852
- Preston v. HarrisonIndiana Supreme Court · 1857
- Ritter v. HenshawSupreme Court of Iowa · 1858
- Downard v. CrenshawSupreme Court of Iowa · 1878
3Cited by11 opinions
- Weaver v. StacySupreme Court of Iowa · 1895
- Swanson v. BaldwinSupreme Court of Iowa · 1957
- Home Savings Bank v. KliseSupreme Court of Iowa · 1927
- Glancy v. RagsdaleSupreme Court of Iowa · 1960
- Crawford v. ForemanSupreme Court of Iowa · 1905
6 more not listed; retrieve them via the Exa API.