Wallace v. Berger
Supreme Court of Iowa
Appeal from, Madison District Court. The petition and two separate amended petitions of plaintiff, set out substantially the following allegations with. others not necessary to be stated: That plaintiff recovered a judgment in the Madison District Court, September 21,1860, for $3,343, against defendant Berger, from which he appealed to the Supreme Court, where, at the December Term, 1862, the judgment was affirmed, and the cause remanded for the appointment of a receiver to…
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Appeal from, Madison District Court. The petition and two separate amended petitions of plaintiff, set out substantially the following allegations with. others not necessary to be stated: That plaintiff recovered a judgment in the Madison District Court, September 21,1860, for $3,343, against defendant Berger, from which he appealed to the Supreme Court, where, at the December Term, 1862, the judgment was affirmed, and the cause remanded for the appointment of a receiver to collect certain debts, etc., and apply the proceeds upon the judgment. That on the 4th day of October, A. D. 1859, West,…
1Opinion of the CourtBeck, J.
l. fraud : in judicial sales. The evidence fails to establish fraud in the sales by the sheriff or treasurer, either on the part of the officers, purchasers, or defendant Gaskill, who ciajras title thereunder. We are unable to arrive ai the conclusion that any bad faith was practiced by these parties in these transactions. The fact that these sales, and the title acquired thereby, may defeat plaintiff in his efforts to make his judgment out of the land, is not evidence of fraud, either absolute or constructive. Neither is there any evidence, calculated to satisfy a reasonable mind, that the…
2Cases cited1 opinion
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1855
3Cited by7 opinions
- Ernst v. City of West CovingtonCourt of Appeals of Kentucky · 1903
- McVey v. City of HoustonCourt of Appeals of Texas · 1925
- Peterson v. LittleSupreme Court of Iowa · 1888
- Wood, Bacon & Co. v. YoungSupreme Court of Iowa · 1874
- Lehner v. LoomisSupreme Court of Iowa · 1891
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