Westfall v. Lee
Supreme Court of Iowa
Appeal from the Henry District Court: This is a petition for an injunction, to stay the summary foreclosure of a mortgage by the sheriff, under chapter 118 of the Code, and to remove the proceedings into the district court.
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Appeal from the Henry District Court: This is a petition for an injunction, to stay the summary foreclosure of a mortgage by the sheriff, under chapter 118 of the Code, and to remove the proceedings into the district court. The complainant shows that he executed to Morgan Walters, on the 14th of April, 1857, a mortgage on a certain parcel of land, to secure the payment of two promissory notes, one of which had been paid, and the other for the sum of twelve hundred and sixty-five dollars, fell due on the first of October, 1857; and that Walters had assigned this note and the mortgage to the…
1Opinion of the CourtWoodward, J.
This case presents to us an unusual and peculiar state of facts. It does not seem necessary to •enter into a detail of the matters of the answer, in order to reach the questions involved. Between Lee and West-fall, there is an issue as to the amount due on the note. Lee states that he had assigned to A. & W. A. Saunders an interest of seven hundred dollars of the note. The two persons who are made parties defendant, by the complainant, viz: Lee, and the sheriff, Devol, having made answer, Walters and the Saunders, appear and ask leave to answer. The Saunders assert their right in a part of…
2Cases cited1 opinion
- Compton v. ComerSupreme Court of Iowa · 1857
3Cited by3 opinions
- Simms v. HerveySupreme Court of Iowa · 1865
- Edwards v. SullivanSupreme Court of Iowa · 1866
- Thomas v. CroutCourt of Appeals of Kentucky · 1868