Sears v. Livermore
Supreme Court of Iowa
Appeal from Jaclcson District Court. IN equity, to set aside a sale tinder a trust deed. The deed was made to Schrader, to secure a debt to Livermore. Livermore assigned the same to Vorling, who sold to Elvira Hunt, and she bought the premises at the sale by the trustee. The trust deed authorized the trustee to sell, after giving “twenty days’ notice, by posting an advertisement on the front door of the Qoodenow hotel, in the village of Maquoketa, in said Jackson county.”
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Appeal from Jaclcson District Court. IN equity, to set aside a sale tinder a trust deed. The deed was made to Schrader, to secure a debt to Livermore. Livermore assigned the same to Vorling, who sold to Elvira Hunt, and she bought the premises at the sale by the trustee. The trust deed authorized the trustee to sell, after giving “twenty days’ notice, by posting an advertisement on the front door of the Qoodenow hotel, in the village of Maquoketa, in said Jackson county.” The bill denies that said notice was thus posted, but alleges that “ it was upon a board standing against the side of said…
1Opinion of the Court
WRIGHT, Ch. J.
It is very obvious that the vital question in this case is, whether the power of sale conferred by the deed was so executéd as to pass the title to the purchaser.
1. Power of sale: execution. Pertinent to this inquiry, the following familiar rules of law may be stated. The appellant takes under the execution of a power, and of course under its authority, just as if the power, and the instrument executing it, had been incorporated in the same deed. Her title rests upon the act creating the power, and takes effect as if created by the original deed. Marlborough v. Godolphin, 2…
2Cases cited6 opinions
- Doolittle v. LewisNew York Court of Chancery · 1823
- Greenleaf v. QueenSupreme Court of the United States · 1828
- Burnet v. DennistonNew York Court of Chancery · 1821
- Ormsby v. TarasconCourt of Appeals of Kentucky · 1823
- Dutton v. CottonSupreme Court of Iowa · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Savings & Loan Society v. BurnettCalifornia Supreme Court · 1895
- Wood v. LakeSupreme Court of Alabama · 1878
- Cleveland v. BatemanNew Mexico Supreme Court · 1915
- Eubanks v. BectonSupreme Court of North Carolina · 1912
- Sav. & Loan Soc'y v. DeeringCalifornia Supreme Court · 1885
7 more not listed; retrieve them via the Exa API.