Legal Opinion

Chase v. Welty

Supreme Court of Iowa

Decided December 8, 1881PublishedCited by 1 opinion

Appeal from Page Circuit Court This action was brought to set aside an execution sale of land, and a deed made in pursuance thereof. The plaintiff averred in his petition in substance that the sale was wrongfully and irregularly made, and should he set aside for that reason. He also averred in his petition that he had offered to redeem, and he prayed that, in case the sale is held valid, he be allowed to redeem therefrom. The defendant denied the allegations of the petition.

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Appeal from Page Circuit Court This action was brought to set aside an execution sale of land, and a deed made in pursuance thereof. The plaintiff averred in his petition in substance that the sale was wrongfully and irregularly made, and should he set aside for that reason. He also averred in his petition that he had offered to redeem, and he prayed that, in case the sale is held valid, he be allowed to redeem therefrom. The defendant denied the allegations of the petition. After tbe commencement of the action the plaintiff, Charles Chase,'tiied intestate, and his heirs, G-eo. H. Chase, C.…

1Opinion of the Court

Adams, Ch. J.

I. The first question presented is as to whether the sale ought to be set aside. The plaintiffs contend that it ought, because the debt upon which the land was sold was the defendant’s debt, and that what he paid ostensibly in the purchase of the land should be treated as a payment of the debt.

For a correct understanding of this point it is necessary for us to give a brief history of the transactions which resulted in the sale. The judgment under which the sale was made was rendered against one Hill who was the principal debtor and against Geo. H. Chase, who was surety for Hill.…

2Cited by1 opinion

  1. Okey v. SiglerSupreme Court of Iowa · 1891

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