Seevers v. Delashmutt
Supreme Court of Iowa
Appeal from Mahaslca District Court. Action <5E right. The material facts are stated in the opinion of the court. contended that this is not a controversy between a purchaser and lien-holder; that the question to be determined is,, which has a priority of lien.
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Appeal from Mahaslca District Court. Action <5E right. The material facts are stated in the opinion of the court. contended that this is not a controversy between a purchaser and lien-holder; that the question to be determined is,, which has a priority of lien. To: the point that the title of a purchaser at a sheriff’s sale relates back to, and takes effect from, the. date of the judgment under which he purchased, counsel cited, Conrad v. The Atlantic Insurance Company, 1 Pet. 386; Smith v. Allen, 1 Blaclcf. 22; Jackson v. Noah, 15-Johnson 309; Woods v. Mains, 1 G. Greene 275, to the point,…
1Opinion of the CourtLowe, C. J.
This cause was submitted to, and tried by,’the court who found and reported the following facts as ■ making up the history of the case :
1. That A. M. Cassady was the owner of the land in dispute, on the 7th day of March, 1857.
2. That Kilbourne and Davis obtained a judgment against-the said Cassady, before a justice of the peace; and a tran-' script of said judgment was filed in the office of the clerk of' the District Court of Mahaska county, on the 16th day of March, 1857, and on that day a judgment was entered up by the said clerk in his judgment docket, from which date said. judgment wras…
2Cases cited2 opinions
- Porter v. GreenSupreme Court of Iowa · 1857
- Bell v. EvansSupreme Court of Iowa · 1860
3Cited by17 opinions
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- Burton v. HintragerSupreme Court of Iowa · 1865
- Fletcher v. KellySupreme Court of Iowa · 1893
- Dawson v. McCartyWashington Supreme Court · 1899
- Simmons Hardware Co. v. Kaufman & RungeTexas Supreme Court · 1888
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