Legal Opinion

Lowell v. Shannon

Supreme Court of Iowa

Decided April 17, 1883PublishedCited by 15 opinions

Appeal from Black Hawk Circuit Court. The material facts in this case are as follows: Michael Woods and Catherine Shannon were married in 1865. At the time of the marriage, Catherine Shannon was, by a former marriage, the mother of Mary Shannon and Archibald Shannon, who were then minors. After the said marriage there were born to the parties thereto three children, who are now minors.

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Appeal from Black Hawk Circuit Court. The material facts in this case are as follows: Michael Woods and Catherine Shannon were married in 1865. At the time of the marriage, Catherine Shannon was, by a former marriage, the mother of Mary Shannon and Archibald Shannon, who were then minors. After the said marriage there were born to the parties thereto three children, who are now minors. In October, 1874-, Michael Woods disappeared, and from that time to the present has never been heard from by his family or friends, and they do not know whether he is dead or alive. When Woods left his home, he…

1Opinion of the CourtRothrock, J.

I. In addition to the foregoing facts,' it should be stated that the defendants in their cross-bill asked that the sheriff’s sale and deed be set aside, and the defend*715ants’ title be quieted, etc. We deem it proper to say this much in response to that part of the appellee’s argument in which it is claimed that the sheriff’s sale and deed cannot be attacked in a collateral proceeding. Upon the issues presented, the defendants by their cross-bill attack the sale in anas direct a manner as if they had by motion sought to set it aside before the deed was made.

II. The principal question, and…

2Cases cited1 opinion

  1. White v. RowleySupreme Court of Iowa · 1877

3Cited by15 opinions

  1. Bremseth v. OlsonNorth Dakota Supreme Court · 1907
  2. Lutz v. Ristine & RumlSupreme Court of Iowa · 1907
  3. Mason v. Columbia Finance & Trust Co.Court of Appeals of Kentucky · 1896
  4. Arnold v. MurphySupreme Court of Iowa · 1925
  5. Green v. RootDistrict Court, S.D. Iowa · 1893

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