Childs v. McChesney
Supreme Court of Iowa
Appeal from Louisa District Court. Record : signing of by judge : warranty of married WOMAN* EFFECT OF: SHERIFF’S SALE.' — This action, though in the nature of ejectment, was brought and tried as an equitable suit. Both the parties claim title to the S. E. -Jr of N. W. £, 10, 73, 2, Louisa county. Both claim under sheriff’s sales, under different judgments, as hereinafter recited. The defendant’s title is under the elder judgment and the elder sale.
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Appeal from Louisa District Court. Record : signing of by judge : warranty of married WOMAN* EFFECT OF: SHERIFF’S SALE.' — This action, though in the nature of ejectment, was brought and tried as an equitable suit. Both the parties claim title to the S. E. -Jr of N. W. £, 10, 73, 2, Louisa county. Both claim under sheriff’s sales, under different judgments, as hereinafter recited. The defendant’s title is under the elder judgment and the elder sale. In order to understand the questions which arise, it is necessary to state some additional facts. In March, 1840, the land in question was…
1Opinion of the CourtDillon, J.
i. pbacSlrécSfdl I. The plaintiff claims that the Bird, Brown & Co. judgment, which is the foundation of the .defendant’s title, is void, because the entry or record thereof was never signed by the judge as prescribed by the statute. Rev., §§ 2664,-2665. The objection is true in point of fact, but unsound in point of law. The judg*435ment was rendered when Judge Lowe was upon the/bench of the District Court at his last term. It not being practicable to have the entries all prepared at the term, the judge could not sign them. The statute provides that they may be signed at the next term, but such…
2Cases cited8 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
- Morrison v. WilsonCalifornia Supreme Court · 1859
- Carpenter v. SchermerhornNew York Court of Chancery · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Traer Bros. v. WhitmanSupreme Court of Iowa · 1881
- Edwards v. DavenportU.S. Circuit Court for the Southern District of Iowa · 1883
- Ritchie v. CarpenterWashington Supreme Court · 1891
- Hill v. WolfeSupreme Court of Iowa · 1870
- Jefferson v. EdringtonSupreme Court of Arkansas · 1890
8 more not listed; retrieve them via the Exa API.