Twogood v. Franklin
Supreme Court of Iowa
Appeal from Benton District Court. Sheriff’s sale: effect of subsequent reversal of the judgment: statute construed. — In February, 1864, Franklin recovered a decree of foreclosure against Twogood, tbe present plaintiff. Twogood appealed to the Supreme Court, but filed no supersedeas bond.
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Appeal from Benton District Court. Sheriff’s sale: effect of subsequent reversal of the judgment: statute construed. — In February, 1864, Franklin recovered a decree of foreclosure against Twogood, tbe present plaintiff. Twogood appealed to the Supreme Court, but filed no supersedeas bond. Bending the appeal, execution was issued and a portion of tbe mortgaged premises were sold to the defendant, Conklin, and a portion to Franklin, the plaintiff, in the foreclosure proceeding. This sheriff’s sale was in June, 1864, and the sheriff then executed deeds to Conklin and Franklin. At the June Term,…
1Opinion of the Court
Dillon, Ch. J.
It is an express provision of the statute (Rev. § 3541) that “property acquired by a bona fide purchaser under a judgment subsequently reversed shall not be affected by such reversal.” By the preceding section (3540) it is enacted that “ If by the decision of the Supreme Court, the appellant becomes entitled to a restoration of any part of the money or property taken from him by means of such judgment or order, either the Supreme Court or District Court may direct execution or writ of restitution to issue for the purpose of restoring to such appellant his property or the value…
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