Howard v. Kelly
Supreme Court of Iowa
Appeal from Allamakee District Gourt.— How. A. N. Hob-. son, Judge. Suit in equity to quiet plaintiffs’ title in and to certain real estate, and to have a sheriff’s deed thereon issued to defendants declared void and of no effect. The trial court dismissed plaintiffs’ petition, and they appeal.
1Opinion of the CourtDeembgr, J.
C. O. Howard at one time owned the property in controversy upon which defendant Kelly had a mechanic’s lien for labor performed thereon. Howard sold the property to Gustave and William Doehler, taking a mortgage of $4,000 thereon to secure that much of the purchase price. The Doehlers became bankrupt, and action is now pending to foreclose the mortgage. Kelly foreclosed his mechanic’s lien, making C. O. Howard and the Doehlers parties defendant to the action, and secured judgment and decree in the year 1904. In August of the year 1904 the property was sold at execution sale under the…
2Cases cited5 opinions
- County of Logan v. McKinley-Lanning Loan & Trust Co.Nebraska Supreme Court · 1903
- Erwin v. BlakeSupreme Court of the United States · 1834
- In re GrundysenSupreme Court of Minnesota · 1893
- Jack v. ColdSupreme Court of Iowa · 1901
- Cottrell v. WheelerSupreme Court of Iowa · 1894
3Cited by3 opinions
- Burns v. HanbySupreme Court of Iowa · 1918
- Kingman Plow Co. v. KnowltonSupreme Court of Iowa · 1909
- Prudential Insurance Co. of America v. HartSupreme Court of Iowa · 1928