Stephens v. Mitchell
Supreme Court of Iowa
Appeal from Jackson District Court. — Hon. W. F. Bran-nan, Judge. The two proceedings above entitled were consolidated in th.e district court .as involving the same subject-matter, and proper for disposition in the same trial. The controlling issue is as to the right of the plaintiff Stephens to a sheriff’s deed to certain premises for which he holds a sheriff’s certificate of sale on execution in a foreclosure proceeding.
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Appeal from Jackson District Court. — Hon. W. F. Bran-nan, Judge. The two proceedings above entitled were consolidated in th.e district court .as involving the same subject-matter, and proper for disposition in the same trial. The controlling issue is as to the right of the plaintiff Stephens to a sheriff’s deed to certain premises for which he holds a sheriff’s certificate of sale on execution in a foreclosure proceeding. The district court gave judgment for the plaintiff in the first ca.se, and dismissed the petition in the second case. The defendant sheriff in the first case and the…
1Opinion of the CourtGranger, J.
The district court found, and placed of record, the facts, with its reasoning and conclusions of law, and we cannot better present the case than, to' set out the principal part of the opinion, as follows:
1 “These two cases relate to; the same subject-matter, are dependent on the same facts, and by consent of parties were both tried together; the only difference between them, being in the form of the actions. The first is an action of mandamus, instituted by the plaintiff Stephens, asking that the defendant Mitchell, as sheriff, be commanded to execute to the plaintiff a sheriff’s deed for…
2Cases cited6 opinions
- Moody v. FunkSupreme Court of Iowa · 1891
- Bevans v. DeweySupreme Court of Iowa · 1891
- Goode v. CummingsSupreme Court of Iowa · 1872
- Lamb v. FeeleySupreme Court of Iowa · 1886
- Citizens' Savings Bank v. PercivalSupreme Court of Iowa · 1883
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3Cited by6 opinions
- Wells v. OrdwaySupreme Court of Iowa · 1899
- Jack v. ColdSupreme Court of Iowa · 1901
- Incorporated Town of Gilman v. FernaldCourt of Appeals for the Eighth Circuit · 1905
- Waterloo Savings Bank v. CarpenterSupreme Court of Iowa · 1943
- Gulick v. PeckenpaughSupreme Court of Iowa · 1912
1 more not listed; retrieve them via the Exa API.