Walker v. Ayres
Supreme Court of Iowa
Appeal from the Lee District Court. This was a bill in chancery, filed by Walker, May 8, 1851, seeking to enjoin an execution against Mm, in favor of Ayres, administrator of Davis.
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Appeal from the Lee District Court. This was a bill in chancery, filed by Walker, May 8, 1851, seeking to enjoin an execution against Mm, in favor of Ayres, administrator of Davis. The case made by the bill is substantially as follows: In April, 1841, a judgment was •obtained in the Lee District Court, in favor of the estate of Davis against Walker, and one Henry Eno, for some $990. On this judgment, payments were indorsed as follows: June 1, 1844, $29; August 24, 1844, $305; Jan. 10, 1845, $13.25. In March, 1851, an execution issued for the balance due on said judgment, deducting said…
1Opinion of the CourtWright, C. J.
It is claimed that'the court erred in dissolving this injunction, and dismissing the suit. To determine this, it becomes necessary to refer to the testimony as shown by the depositions. Taylor, the former sheriff1, swears that he had in his hands, an execution in favor of the estate of Davis, against Wilson, which was for a larger amount than Wilson’s judgment against the estate, on which he also, at the same time, had an execution; that he sold the property of Wilson, to satisfy the balance of the execution *452against' Him, after deducting bis judgment against tbe estate, it being understood…
2Cases cited3 opinions
- Verplank v. Mercantile InsuranceNew York Court of Chancery · 1831
- Renwick v. WilsonNew York Court of Chancery · 1822
- Rodgers v. RodgersNew York Court of Chancery · 1829
3Cited by1 opinion
- Farnsworth v. HazelettSupreme Court of Iowa · 1924