Kaiser v. Seaton
Supreme Court of Iowa
Appeal from Lvrm Circuit Court. ActioN for an injunction to restrain tbe defendant, Seaton, as sheriff, from applying certain money on an execution in his bands. There was a decree for tbe plaintiffs. Tbe defendants appeal.
1Opinion of the CourtAdams, J.
Tbe money belongs to tlie plaintiff, Kaiser, and tbe execution is against Mm. It would be proper for tbe sheriff to apply tbe money, unless it is exempt.
Tbe facts appear to be that tbe plaintiff, Kaiser, is tbe bead of a family, and, as such, owns and occupies certain premises in tbe city of Marion as a homestead. In 1881, tbe Chicago, Milwaukee & St. Raul R. Co. condemned a right of way through tbe land, and paid to the defendant, Seaton, as sheriff, tbe amount of money awarded as damages. About tbe *464same time certain judgment creditors of Kaiser caused an execution to be issued against him,…
2Cases cited8 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Houghton v. LeeCalifornia Supreme Court · 1875
- Bevan v. HaydenSupreme Court of Iowa · 1862
- Chicago & South-western R. R. v. SwinneySupreme Court of Iowa · 1874
- Tillotson v. . WolcottNew York Court of Appeals · 1872
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3Cited by18 opinions
- Chase v. SwayneTexas Supreme Court · 1895
- Hill v. First National BankSupreme Court of Florida · 1920
- Ellis v. Pratt CitySupreme Court of Alabama · 1895
- Millington v. LaurerSupreme Court of Iowa · 1893
- Reynolds v. HainesSupreme Court of Iowa · 1891
13 more not listed; retrieve them via the Exa API.