Carr v. Bosworth & Sons
Supreme Court of Iowa
Appeal from Palo Alto District Cou/rt— HoN. Lot Tijomas, Judge. AotioN in chancery to quiet the title of certain lands in plaintiff. The defendant "Weil answered, denying the allegations of the petition, and filed a cross-petition setting up title in himself, which was dismissed, and he appeals.
1Opinion of the CourtBeck, J.
I. The facts upon which the decision turns are undisputed, as shown by the record” before us. Plaintiff claims title to the land under a sheriff’s sale made upon a decree of foreclosure. The defendant Weil’s title is based upon a sheriff’s sale made upon a judgment junior to the mortgage under which plaintiff claims. Defendant insists that the foreclosure sale upon which the deed to plaintiff was executed is void, and asks permission to redeem from the mortgage, and, upon redemption being ordered, that plaintiff, who is and has been in possession of the land, be required to account for the…
2Cases cited1 opinion
- Dishon v. SmithSupreme Court of Iowa · 1859
3Cited by5 opinions
- Cogdell v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Moreno v. VietorSupreme Court of Iowa · 1968
- State v. KoenigSupreme Court of Iowa · 1949
- Brown v. BarngroverSupreme Court of Iowa · 1891
- Anthony v. WagnerSupreme Court of Iowa · 1933