Jefferson v. Rust
Supreme Court of Iowa
'Appeal from Pottawattamie 'Disirict Gourt at Avoca. — Hon. E. B. Woodruff, Judge. Proceedings to enjoin plaintiff from executing or enforcing a judgment for the possession of certain real estate. A temporary writ or restraining order was issued which was dissolved upon motion, and plaintiff’s demurrer to defendant’s petition for the restraining order was sustained. Defendant Rust appeals.
1Opinion of the Court
Deemer, J.=
The proceeding grew out of the case of Jefferson v. Rust, which was heretofore in this court upon appeal; the opinion being found in 149 Iowa, 594. In that opinion, among other things, we said: “Defendant made some improvements upon the property and had paid taxes and other charges thereon, and has personally obligated himself to pay the mortgage now standing against it. These matters were not adjudicated by the trial court for the reason, we suppose, that plaintiff dismissed his action in so far as it involved an accounting for rents, profits, etc. We need not do more at this time…
2Cases cited8 opinions
- Dunton v. McCookSupreme Court of Iowa · 1903
- Hogle v. SmithSupreme Court of Iowa · 1907
- Lindt v. UihleinSupreme Court of Iowa · 1902
- Jefferson v. RustSupreme Court of Iowa · 1910
- Peters v. Snavely-AshtonSupreme Court of Iowa · 1909
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3Cited by3 opinions
- Shaw v. AddisonSupreme Court of Iowa · 1945
- Davis v. BaumSupreme Court of Oklahoma · 1941
- Betz v. City of Sioux CitySupreme Court of Iowa · 1948