Kendig v. McCall
Supreme Court of Iowa
Appeal from, Madison District Court. — IIon. Edmund Nichols, Judge. Action in equity to set aside a sheriff’s deed, and to have established in plaintiff the right to redeem from the sale in pursuance of which the deed was executed. The lower court gave plaintiff a decree allowing him to redeem within fifteen days from the date thereof, and quieting the title of the premises in him upon making such redemption. Defendants appeal.—
1Opinion of the Court
McClain, J.—
Plaintiff having secured a judgment against one Low, purchased the forty-acre tract of land in controversy in this ease at sheriff’s sale under his execution against Low on the 2d day of January, 1904. At this time an action against Low, brought by E. E. McCall, the principal defendant in the present action, was pending, in .which McCall asked thé foreclosure of a mortgage on the same tract of land. In this foreclosure proceeding the present plaintiff, Kendig, was joined as defendant. A decree 'of foreclosure in McCall’s action against Low was entered in February, 1904, and on…
2Cases cited3 opinions
- Moody v. FunkSupreme Court of Iowa · 1891
- Harms v. PalmerSupreme Court of Iowa · 1887
- Thayer v. ColdrenSupreme Court of Iowa · 1881
3Cited by4 opinions
- Iowa Loan & Trust Co. v. KunschSupreme Court of Iowa · 1912
- Bates v. MullinsSupreme Court of Iowa · 1937
- Sibley State Bank v. Robert Zylstra, Assignee of Dale W. Braaksma, Danna S. Braaksma, and Jesse Dale BraaksmaCourt of Appeals of Iowa · 2020
- Willey v. HiteSupreme Court of Iowa · 1914