Legal Opinion

Payne v. Wilson

Supreme Court of Iowa

Decided December 22, 1888PublishedCited by 15 opinions

Appeal from WrigM District Court. — Hon. D. D. Miracle, Judge. Action in equity to restrain the sale of land on execution. There was a trial on the merits, and a decree for plaintiff. The defendants appeals.

1Opinion of the CourtRobinson, J.

— The plaintiff alleges that she is the owner of the forty-acre tract of land described in the *378petition ; that the defendant sheriff has levied thereon an execution issued on a judgment rendered against one Stephen Payne, and, unless restrained, will proceed to sell the same ; that said land is not subject to sale under said execution, and is not subject to the judgment. She asks that the sheriff ' be perpetually enjoined from selling the land to satisfy said execution and judgment. The defendants allege that plaintiff is the wife of Stephen Payne, and that he is the owner of the land in…

2Cases cited7 opinions

  1. Savage v. . O'NeilNew York Court of Appeals · 1871
  2. Delashmut v. TrauSupreme Court of Iowa · 1876
  3. Logan v. HallSupreme Court of Iowa · 1865
  4. Jaycox v. . CaldwellNew York Court of Appeals · 1873
  5. Gilbert, Hedge & Co. v. GlennySupreme Court of Iowa · 1888

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3Cited by15 opinions

  1. Rule v. CareySupreme Court of Iowa · 1916
  2. Swisher v. SwisherSupreme Court of Iowa · 1912
  3. Hayes v. DeanSupreme Court of Iowa · 1917
  4. Mahaska County ex rel. School fund v. WhitselSupreme Court of Iowa · 1907
  5. State Bank v. WolfordSupreme Court of Iowa · 1916

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