Chambers v. Cochran
Supreme Court of Iowa
Appeal from Polk District Court. Application to vacate sheriff’s sale. The plaintiff, Chambers, at the August Term, 1858, obtained a judgment against the defendants, William H. Cochran and A. D. Brock, in the District Court of Polk county, for $139.53 and costs. This judgment was founded upon a note executed by the defendants to the plaintiff’. Both were apparently principals, but Brock was in fact the surety of Cochran.
Read the full summary
Appeal from Polk District Court. Application to vacate sheriff’s sale. The plaintiff, Chambers, at the August Term, 1858, obtained a judgment against the defendants, William H. Cochran and A. D. Brock, in the District Court of Polk county, for $139.53 and costs. This judgment was founded upon a note executed by the defendants to the plaintiff’. Both were apparently principals, but Brock was in fact the surety of Cochran. In December,. 1858, execution issued on this judgment to the sheriff of Green county (some 55 or 60 miles- distant from the county seat of Polk county, as shown by the…
1Opinion of the CourtDillon, J.
1. Sheriff's sale: vacating sale. I. “When,” says the statute (Revision, § 3321), “any person shall purchase at sheriff’s sale any real estate on which the judgment, upon which the execution issued, was not a lien at the time of the levy, and which fact was unknown to the purchaser, the District Court of the county shall set aside such sale on motion, notice having been given to the debtor,” &c. As *163the plaintiff’s judgment was rendered in Polk county, and no transcript thereof was ever filed in Green county where the lands were situated, the j udgment cannot be said ever to have been a lien…
2Cases cited8 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Commonwealth ex rel. Bellas v. VandersliceSupreme Court of Pennsylvania · 1822
- Kelly v. GillespieSupreme Court of Iowa · 1861
- Cowles v. BaconSupreme Court of Connecticut · 1852
- Ames v. MaclaySupreme Court of Iowa · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Moses v. United StatesSupreme Court of the United States · 1897
- Williams v. AllisonSupreme Court of Iowa · 1871
- Malanaphy v. Fuller & Johnson Mfg. Co.Supreme Court of Iowa · 1904
- City of Maquoketa v. WilleySupreme Court of Iowa · 1872
- Fullerton Lumber Co. v. SnoufferSupreme Court of Iowa · 1908
19 more not listed; retrieve them via the Exa API.