Legal Opinion

Shawhan v. Long

Supreme Court of Iowa

Decided January 30, 1868PublishedCited by 11 opinions

Appeal from, Heohuh District Court. Alfred Reeves, in his life-time, owned a certain half lot in the town of Sigourney, upon which there was a dwelling. While such owner, he executed a mortgage thereon to Pinkerton, and on the 3d day of September, 1859, defendant owning a part of the mortgage debt, obtained the legal title to said lot by sale and foreclosure under said mortgage, which he had purchased.

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Appeal from, Heohuh District Court. Alfred Reeves, in his life-time, owned a certain half lot in the town of Sigourney, upon which there was a dwelling. While such owner, he executed a mortgage thereon to Pinkerton, and on the 3d day of September, 1859, defendant owning a part of the mortgage debt, obtained the legal title to said lot by sale and foreclosure under said mortgage, which he had purchased. Two months after this, defendant made to Lowe and Lash, the then executors of the estate of Reeves, a bond by which he agreed to convey to them the said half lot — the consideration being…

1Opinion of the CourtWright, J.

The court below found certain facts (which are substantially contained in the statement above), and thereon rendered judgment for plaintiff. In some respects this finding is wanting in the definiteness usually, characterizing the judgments of the learned judge deciding the case, and we may not, therefore, get at the exact points ruled. Thus, whether the mortgage sale was after or before the death of Eeeves, the circumstances attending the entry of defendant in 1865, the competency of *490the child or children of the decedent to take possession of the property, as to all these,- as well as to some…

2Cases cited3 opinions

  1. Page v. ColeSupreme Court of Iowa · 1858
  2. Rosierz v. Van DamSupreme Court of Iowa · 1864
  3. Stringham v. BrownSupreme Court of Iowa · 1858

3Cited by11 opinions

  1. Comstock v. SmithMichigan Supreme Court · 1873
  2. Toerring v. LampSupreme Court of Iowa · 1889
  3. In Re McLeod's EstateOregon Supreme Court · 1938
  4. United States v. Des Moines Valley R.Court of Appeals for the Eighth Circuit · 1897
  5. Capper v. SibleySupreme Court of Iowa · 1885

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