Hamilton v. Bishop
Supreme Court of Iowa
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
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- In Re Estate of KinnanSupreme Court of Iowa · 1934
- Wood v. ScottSupreme Court of Iowa · 1880
- Clemens v. BrillhartNebraska Supreme Court · 1885
- Prichard v. HopkinsSupreme Court of Iowa · 1879