Barthell v. Syverson
Supreme Court of Iowa
Appeal from WwwiesMeJc District Oowrt. On the 18th day of August, 1877, the premises in controversy, on which was situate a mill,were sold at sheriff’s sale, and a certificate of sale given to the purchaser. On the 17th day of August, 1878, the plaintiff was the owner of such certificate. The defendant Syverson had the right of redemption.
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Appeal from WwwiesMeJc District Oowrt. On the 18th day of August, 1877, the premises in controversy, on which was situate a mill,were sold at sheriff’s sale, and a certificate of sale given to the purchaser. On the 17th day of August, 1878, the plaintiff was the owner of such certificate. The defendant Syverson had the right of redemption. On the day last stated the plaintiff loaned Syverson $661.09, for which the latter gave his promissory note, payable in one year, with ten per cent interest, and providing for a reasonable attorney’s fee. The amount required to redeem from the sheriff’s…
1Opinion of the CourtSeevers, J.
i. arm tract: mortgage. ’ I. The decree in the District Court is in the nature of a strict foreclosure, and the effect of it was to cut off the defendant’s right to make statutory redemption. The material question is whether he was entitled thereto. If the contract should be construed to be a mortgage, the decree is erroneous, but it is correct if it was a conditional sale of the equitable interest owned by the plaintiff under and by virtue of the certificate of sale. It must be one or the other, and counsel for the plaintiff seems to have been uncertain which, for he asked a money judgment…
2Cases cited7 opinions
- Trucks v. LindseySupreme Court of Iowa · 1865
- Green v. TurnerSupreme Court of Iowa · 1874
- Hughes v. SheaffSupreme Court of Iowa · 1865
- Savage v. ScottSupreme Court of Iowa · 1876
- White v. LucasSupreme Court of Iowa · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Backhaus v. BuellsOregon Supreme Court · 1903