Hill v. Baker
Supreme Court of Iowa
Appeal from General Term, Ni/rdh Judicial District. On the 5th day of March,'1868, the plaintiff filed a substituted petition in equity averring that one Anderson M. Newman was seized in fee of the west half of south-east quarter, and south-east quarter of north-west quarter, and north-east quarter of south-west quarter, section 24, township 89, north of range 2 west.
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Appeal from General Term, Ni/rdh Judicial District. On the 5th day of March,'1868, the plaintiff filed a substituted petition in equity averring that one Anderson M. Newman was seized in fee of the west half of south-east quarter, and south-east quarter of north-west quarter, and north-east quarter of south-west quarter, section 24, township 89, north of range 2 west. That Griffith & Knight obtained a judgment in the Dubuque district court against sai^l Newman, with an order for a special execution for the sale of said lands, and that on the 31st day of March, 1866, the same were sold to one…
1Opinion of the Court
Day, Ch. J.
i. judicial • ufíritySIl'praisements. I. The plaintiff must rely upon the strength of his own title, and not upon the weakness of of his adversary. The first question, then, which demands our consideration, re-gar(js ^g ^tle aCqUjred through the sheriff’s sale. One of the appraisers of the property was not a householder. See Eev., § 3362. It is claimed that this defect vitiates the sale. Authorities are not wanting to sustain this view. In the case of Eddy v. Knap, 2 Mass. 154, it was held that a sale was void, when it appeared from the sheriff’s return that he had appointed two of…
2Cases cited6 opinions
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- The VeniceSupreme Court of the United States · 1865
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