Wakefield v. Rotherham
Supreme Court of Iowa
Appeal from Gass District Gowrt. This is an action in equity to cancel and set aside a deed to certain real estate executed by the sheriff of Cass county to the defendant Rotherham; also to cancel an assignment by the defendant Cass county to said Rotherham of the certificate of sale under which said deed was executed, and to establish the validity of a redemption of the premises from the sale by plaintiff. The judgment of the district-court was for plaintiff.
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Appeal from Gass District Gowrt. This is an action in equity to cancel and set aside a deed to certain real estate executed by the sheriff of Cass county to the defendant Rotherham; also to cancel an assignment by the defendant Cass county to said Rotherham of the certificate of sale under which said deed was executed, and to establish the validity of a redemption of the premises from the sale by plaintiff. The judgment of the district-court was for plaintiff. Defendants appeal.
1Opinion of the CourtReed, J.
During her life-time one Bridget Ealiey was the owner of the real estate in question, and she executed a mortgage upon it to Cass county to secure .an indebtedness to the school-fund. After her death it was sold by the administrator of her estate for the payment of the debts of the estate, and plaintiff was the purchaser. Before this sale the county had obtained a judgment foreclosing the school-fund mortgage, and after the administrators’s sale” the property was sold on a special execution issued on the judgment of foreclosure, and the county bought it in. This sale was on the twenty-second…
2Cited by14 opinions
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- Tharp v. KerrSupreme Court of Iowa · 1909
- Loomis v. National Supply Co.Supreme Court of Kansas · 1916
- Olson v. SievertSupreme Court of Iowa · 1947
- Bray & Choate Land Co. v. NewmanWisconsin Supreme Court · 1896
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