Burns v. Hanby
Supreme Court of Iowa
Appeal from Warren District Court. — Lorin N. Hays, Judge. Suit in equity to quiet title. The real cl'aim of the plaintiff is that she is entitled to a sheriff’s deed to certain real estate which had been sold under execution, and for which the plaintiff holds the certificate of sale. The defendant Hanby is the grantee by quitclaim deed from the execution debtor. Pursuant to such deed, he purported to redeem from the execution sale.
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Appeal from Warren District Court. — Lorin N. Hays, Judge. Suit in equity to quiet title. The real cl'aim of the plaintiff is that she is entitled to a sheriff’s deed to certain real estate which had been sold under execution, and for which the plaintiff holds the certificate of sale. The defendant Hanby is the grantee by quitclaim deed from the execution debtor. Pursuant to such deed, he purported to redeem from the execution sale. In making such redemp-. tion, however, he ignored a purported or attempted redemption by the plaintiff, as a junior lienholder. Pursuant to his purported…
1Opinion of the CourtEvans, J.
The execution debtor was Utterson. The property in question was sold under foreclosure and a special execution on February 25, 1916, and was bid in by the execution creditor, one Gilbert, for the full amount of the debt, being about $2,160. Subsequent to the mortgage lien, 18 judgments had been entered against Utterson in favor of various plaintiffs, all of which became judgment liens upon the same property, and all of which were junior to the mortgage and junior and senior to each other, according to their respective dates. The last of these judgment liens, being for the sum of about $100,…
2Cases cited3 opinions
- Jack v. ColdSupreme Court of Iowa · 1901
- Iowa Loan & Trust Co. v. KunschSupreme Court of Iowa · 1912
- Howard v. KellySupreme Court of Iowa · 1908
3Cited by6 opinions
- Gates v. IvesSupreme Court of Iowa · 1921
- Waterloo Savings Bank v. CarpenterSupreme Court of Iowa · 1943
- Fortune v. BarnhartSupreme Court of Iowa · 1924
- Guaranty Life Insurance v. SchmidtSupreme Court of Iowa · 1940
- Myers v. SchwiegerSupreme Court of Iowa · 1921
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