Campbell v. Maginnis
Supreme Court of Iowa
Appeal from Cerro Gordo Cwouit Court. ActioN in chancery to restrain the sale of certain land upon execution. A demurrer to the petition was sustained, and, plaintiff refusing to plead further, a decree was entered dismissing his petition. He now appeals to this court.
1Opinion of the CourtBecK, J.
I. The petition alleges that plaintiff purchased the land involved in this suit, executed a mortgage to secure the payment of the purchase money, and entered upon its possession ■ and occupancy as a homestead. The mortgage was foreclosed, and the land was sold under the decree of foreclosure, partly satisfying it. Plaintiff redeemed from the sale. A general execution, issued upon the decree, was levied upon land. The sale thereon plaintiff seeks to enjoin in this action. 'The demurrer, we think, was rightly sustained
II. The debt in this case being for the purchase money, the homestead was not…
2Cases cited2 opinions
- Poweshiek County v. DennisonSupreme Court of Iowa · 1873
- Barnes v. GaySupreme Court of Iowa · 1858
3Cited by9 opinions
- Flanders v. AumackOregon Supreme Court · 1897
- Moody v. FunkSupreme Court of Iowa · 1891
- Brunsdon v. BrunsdonSupreme Court of Iowa · 1924
- Tirrill v. MillerSupreme Court of Iowa · 1928
- Cadd v. SnellSupreme Court of Iowa · 1935
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