McWilliams v. Myers
Supreme Court of Iowa
Appeal from Mahaska District Court. A statement of the facts involved in tbis case, is presented in the opinion of tbe court. I. The first levy was made under the direction of the judgment creditor, Casady, and it was upon property which he did not own, and was void. II. Myers had a right to return the first execution, and •the right to order the issuing of another follows as a matter of course. 3 Bac. Abr. 375, et seq. III.
Read the full summary
Appeal from Mahaska District Court. A statement of the facts involved in tbis case, is presented in the opinion of tbe court. I. The first levy was made under the direction of the judgment creditor, Casady, and it was upon property which he did not own, and was void. II. Myers had a right to return the first execution, and •the right to order the issuing of another follows as a matter of course. 3 Bac. Abr. 375, et seq. III. It has been held by some authorities that a levy on personal property operates as a satisfaction of a judgment, but upon this point there is conflict. It is different,…
1Opinion of the CourtLowe, C. J.
The record in this case exhibits the following facts: On the 19th of June 1856, the plaintiff purchased of one A. M. Casady, by deed of conveyance which was filed for record on the same day, the following tracts of land, to wit: the west fractional half of the N.E.}, and the N. E. fractional quarter of the N. E. -4-, also the N. W. £ of the S. E. of section two (2,) T. 74, N. R. 14 W., (excepting six acres deeded out of the several named tracts to John Morgan) containing one hundred and seventy eight and 52-100 acres. Plaintiff immediately thereafter took possession and has since occupied the…
2Cases cited1 opinion
- Bates v. RuddickSupreme Court of Iowa · 1856
3Cited by3 opinions
- Downard v. CrenshawSupreme Court of Iowa · 1878
- Bowen v. Port Huron Engine & Thresher Co.Supreme Court of Iowa · 1899
- Massie v. WilsonSupreme Court of Iowa · 1864