Legal Opinion

Hamilton v. Bishop

Supreme Court of Iowa

Decided June 5, 1867PublishedCited by 5 opinions

Appeal from, Lee District Court. Suit in equity by a junior judgment creditor, to enjoin a sale of certain real estate under special execution upon a judgment for a prior lien. The plaintiff’s claim is based upon an alleged payment of the prior lien, and a fraudulent assignment thereof to one of the defendants. The District Court rendered judgment for defendant, and the .plaintiff appeals.

1Opinion of the CourtCole, J.

The plaintiff obtained a judgment in June, 1859, against the defendant, George Hardesty, for a little ■over fifteen hundred dollars. This judgment was •obtained upon a debt secured by mortgage, upon lot five, 'in Fayette square, Iieokuk. The defendant George Hardesty had, prior to the execution of the note and mortgage to plaintiff, executed a note and deed of trust upon the same property, to secure the note, to Charles Parsons & Co. In September, 1864, Parsons & Co. brought suit upon their note and deed of trust, and made the plaintiff, as well as Hardesty, defendant therein. In the same…

2Cited by5 opinions

  1. Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
  2. In Re Estate of KinnanSupreme Court of Iowa · 1934
  3. Wood v. ScottSupreme Court of Iowa · 1880
  4. Clemens v. BrillhartNebraska Supreme Court · 1885
  5. Prichard v. HopkinsSupreme Court of Iowa · 1879

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