Craig v. Alcorn
Supreme Court of Iowa
Appeal from Van Burén Circuit Court. In chancery. The petition alleges that one Keyes recovered judgment against defendants, upon which their lands were sold on execution, and that defendant, a junior judgment creditor, redeemed from the sale and did not within ten days after the expiration of nine months enter upon the sale book the amount he was willing to credit upon his judgment, as provided by Code, § 3115, and that by the failure so to do defendant’s judgment became…
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Appeal from Van Burén Circuit Court. In chancery. The petition alleges that one Keyes recovered judgment against defendants, upon which their lands were sold on execution, and that defendant, a junior judgment creditor, redeemed from the sale and did not within ten days after the expiration of nine months enter upon the sale book the amount he was willing to credit upon his judgment, as provided by Code, § 3115, and that by the failure so to do defendant’s judgment became discharged. It is shown that defendant threatens to cause execution to be issued upon his judgment. 'The relief sought by…
1Opinion of the CourtBeck, J.
l. bedempSoriienhoidcíerkesleet ° Under provisions of the statutes of this State, the holder of a junior judgment may redeem from an execution sale, after the expiration of six and before the expiration of nine months from the day of sale, by the payment of the full sum, with interest and costs, due upon the senior judgment. The creditor making the redemption becomes vested with all the rights of the party from whom he redeems. But the lien and claim of his own judgment will be extinguished unless “within ten days after the nine months aforesaid he enter upon the sale book the utmost amount…
2Cited by2 opinions
- Meredith v. PetersonSupreme Court of Iowa · 1899
- Whitfield v. HowardSouth Dakota Supreme Court · 1900