Jones v. Hartsock
Supreme Court of Iowa
Appeal from Johnson District Court. On the 18th day of December, 1874, the plaintiff filed his petition for judgment for the value of various articles of merchandise furnished the defendant, James R. Hartsock, and which were used in remodeling and improving certain buildings in the petition described, and asking the enforcement of a mechanic’s lien against the property.
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Appeal from Johnson District Court. On the 18th day of December, 1874, the plaintiff filed his petition for judgment for the value of various articles of merchandise furnished the defendant, James R. Hartsock, and which were used in remodeling and improving certain buildings in the petition described, and asking the enforcement of a mechanic’s lien against the property. The petition alleges that the defendants, Dey, have some interest in the property, and offers to redeem from them by paying off all the liens which they hold, which are superior to plaintiff’s. The defendants answered alleging…
1Opinion of the CourtDay, J.
I. Appellant claims that the plaintiff had no right upon which to base a redemption, until he recovered his judgment against Hartsock, which was not obtained until the decree appealed from was entered. In support of this position appellant cites the Nevision, section 3333, Code of 1873, section 3103. This section occurs in the chapter relating to sales under execution, and refers to a redemption from such *151sale. It provides that any creditor of the defendant whose demand is a lien upon the real estate sold may redeem the same at any time within nine months from the day of sale. But a…
2Cases cited3 opinions
- Hayward v. MungerSupreme Court of Iowa · 1863
- Evans v. TrippSupreme Court of Iowa · 1872
- State v. EadsSupreme Court of Iowa · 1863
3Cited by10 opinions
- Payne v. AndersonNebraska Supreme Court · 1907
- Sheppard v. MessengerSupreme Court of Iowa · 1898
- American Buttonhole, Co. v. Burlington Mutual Loan Ass'nSupreme Court of Iowa · 1883
- Martin v. HarperSupreme Court of Iowa · 1922
- Diddy v. RisserSupreme Court of Iowa · 1881
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