Reed & Co. v. Crosthwait
Supreme Court of Iowa
Appeal from the Johnson District Court. This is an agreed case, upon the following statement of facts : Eeed & Co., recovered judgment against Crosthwait for $205,76, on the 28th of April, Í854. An execution was issued, and was levied on an eighty acre tract of land, supposed to be the property of the defendant.
Read the full summary
Appeal from the Johnson District Court. This is an agreed case, upon the following statement of facts : Eeed & Co., recovered judgment against Crosthwait for $205,76, on the 28th of April, Í854. An execution was issued, and was levied on an eighty acre tract of land, supposed to be the property of the defendant. The sale was twice adjourned by the sheriff for' want of bidders, but on the 18th of June, 1854, the land was bid off and purchased by the plaintiffs at $75, and they received a certificate of the purchase from the sheriff, but have never received a deed. They are ready and willing to…
1Opinion of the CourtWoodward, J.
— Prom the agreement of the parties, we infer, that if the plaintiff is entitled to recover in any form of proceeding, and whether in law or in equity, judgment is to be rendered accordingly.
It has been held frequently, that a levy upon personal property is a satisfaction of the judgment under which the levy is made. Ex parte Lawrence, 4 Cowen, 417; Reed v. Staats, 7 Johns., 426; Hoyt v. Hudson, 12 Ib., 207; Wood v. Torrey, 6 Wend., 562; Jackson v. Bowen, 7 Cow., 21; 8 Cow., 192. This appears to have been held when the question arose as to the rights of third parties, and as to the…
2Cases cited8 opinions
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- M'Ghee v. EllisCourt of Appeals of Kentucky · 1823
- Muir v. CraigIndiana Supreme Court · 1833
- Wood v. TorreyNew York Supreme Court · 1831
- Reed v. Pruyn & StaatsNew York Supreme Court · 1811
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chambers v. CochranSupreme Court of Iowa · 1864
- McLean v. MartinSupreme Court of Missouri · 1870
- Ritter v. HenshawSupreme Court of Iowa · 1858
- Hamsmith v. EspySupreme Court of Iowa · 1865
- Bowen v. Port Huron Engine & Thresher Co.Supreme Court of Iowa · 1899
1 more not listed; retrieve them via the Exa API.