Robertson v. Moline, Milburn & Stoddard Co.
Supreme Court of Iowa
Appeal from Cherokee District Court. — Hon. George W. Wakefield, Judge. This appeal comes up on the ruling of the court below, sustaining a demurrer to the plaintiff’s petition. The petition, in substance, states that in February, 1890, tie plaintiff obtained a judgment against Addie J. and W. W. Meredith, husband and wife, for about nine hundred dollars, and also a decree of foreclosure against certain real property in Washta, belonging to said Addie J. Meredith.
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Appeal from Cherokee District Court. — Hon. George W. Wakefield, Judge. This appeal comes up on the ruling of the court below, sustaining a demurrer to the plaintiff’s petition. The petition, in substance, states that in February, 1890, tie plaintiff obtained a judgment against Addie J. and W. W. Meredith, husband and wife, for about nine hundred dollars, and also a decree of foreclosure against certain real property in Washta, belonging to said Addie J. Meredith. That J. D. F. Smith and the Moline, Milburn & Stoddard Wagon Company were made defendants, and their rights in said premises…
1Opinion of the CourtGiven, J.
i. execution tfonWIraní' tfme? ' I. Under the Code, one year from the day of salé is given in which to redeem real estate sold upon execution. The right to redeem, is given exclusively to the defendant for the first six months; then to his- creditors having liens in common .with the defendant,, and as between each other for the next three - months;. and to *466the defendant exclusively for the last three months. See sections 3102-3105. Section 3123 is as follows: “The rights of a defendant in relation to redemption are transferable, and the assignee has the like power to redeem.” This court has…
2Cases cited5 opinions
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Trucks v. LindseySupreme Court of Iowa · 1865
- Green v. TurnerSupreme Court of Iowa · 1874
- Thayer v. ColdrenSupreme Court of Iowa · 1881
- Key v. McClearySupreme Court of Iowa · 1868
3Cited by6 opinions
- Busch v. HallSupreme Court of Iowa · 1903
- Robertson v. Moline Milburn Stoddard Co.Supreme Court of Iowa · 1898
- Wasatch Oil & Gas, L.L.C. v. ReottCourt of Appeals of Utah · 2007
- Bates v. PabstSupreme Court of Iowa · 1937
- Iowa Power Co. v. HooverSupreme Court of Iowa · 1914
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