Sawyer v. Landers & Son
Supreme Court of Iowa
Appeal from Wirmeshielc District Court. This is an action in chancery. It is averred in the petition in substance that in 1879 the plaintiff sold to one Johnson, who was made a defendant, certain real estate, and to secure the payment of the purchase money Johnson executed to plaintiff a mortgage thereon, and that the whole amount secured by said mortgage is now due; that in June, 1880, the Waakon and Miss.
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Appeal from Wirmeshielc District Court. This is an action in chancery. It is averred in the petition in substance that in 1879 the plaintiff sold to one Johnson, who was made a defendant, certain real estate, and to secure the payment of the purchase money Johnson executed to plaintiff a mortgage thereon, and that the whole amount secured by said mortgage is now due; that in June, 1880, the Waakon and Miss. Railroad Co. located its line of road upon and over said mortgaged premises, and caused a sheriff’s jury to be summoned who assessed the damages at $100, and no appeal was taken…
1Opinion of the CourtEothrock, J.
I. After the motion to dissolve the injunction was overruled, and before the appeal was taken, the plaintiff filed a written dismissal of the action as to the justice of the peace before whom the attachment proceedings were pending, and the proper record entry thereof was made by the clerk of the District Court. We are therefore relieved of the consideration of such questions as were raised in the court below as to the authority of the court to enjoin the said justice from proceeding with the attachment suit which was pending before him.
*4241. AD QUOD r^htsofmorfc gagee: lien, *423II. The court below…
2Cases cited1 opinion
- Severin v. ColeSupreme Court of Iowa · 1874
3Cited by8 opinions
- Rose v. ConlinCalifornia Court of Appeal · 1921
- Wolfe v. Iowa Railway & Light Co.Supreme Court of Iowa · 1915
- Johnston v. RobertsonSupreme Court of Iowa · 1917
- Schafer v. SchaferSupreme Court of Iowa · 1888
- State v. FitzgeraldOregon Supreme Court · 1936
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