Hamsmith v. Espy
Supreme Court of Iowa
Motion to set aside sale. Motion to set aside sheriff's sale : caveat emptor : statutory provision. — This is a motion made in this court, by Hamsmith, to set aside the sheriff’s sale to him of lot 32, in Fort Madison, on his execution against Espy, Barker and Robinson. The material facts are these: In June, 1860, Hamsmith recovered judgment against Espy et al. in the Lee District Court, for $185.88 and costs.
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Motion to set aside sale. Motion to set aside sheriff's sale : caveat emptor : statutory provision. — This is a motion made in this court, by Hamsmith, to set aside the sheriff’s sale to him of lot 32, in Fort Madison, on his execution against Espy, Barker and Robinson. The material facts are these: In June, 1860, Hamsmith recovered judgment against Espy et al. in the Lee District Court, for $185.88 and costs. In July, 1860, Espy et al. appealed to the Supreme Court and filed a supersedeas bond. In December, 1860, and pending this appeal, one Thomas Wilson recovered judgment in the same…
1Opinion of the CourtDillon, J.
caveat'einptor' 2._mo. tioaside?et In making a sale under execution, the sheriff or other public officer professes to sell only the interest or estate of the judgment debtor. He gives no warranty. The law proclaims in the ears of all who propose to buy — caveat emptor, and look out, take notice, beware of the title for which you bid. In the absence of fraud, the law will not, ordinarily, relieve a purchaser at such sale, who acquires a defective title., It has sometimes relieved in such cases, when seasonably applied for, where the purchaser acquired, by the sale, no title. These general…
2Cases cited2 opinions
- Reed & Co. v. CrosthwaitSupreme Court of Iowa · 1858
- Swift v. ConboySupreme Court of Iowa · 1861
3Cited by7 opinions
- Silver v. Wickfield Farms, Inc.Supreme Court of Iowa · 1929
- Burmeister v. DeweySupreme Court of Iowa · 1869
- Home Savings Bank v. KliseSupreme Court of Iowa · 1927
- Jones v. BlumensteinSupreme Court of Iowa · 1889
- Martens v. MartensSupreme Court of Iowa · 1943
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