Diddy v. Risser
Supreme Court of Iowa
Appeal from Dallas Ciremt Cowrt On the 13th day of October, 1869, F. S. Graham was the owner of block six in Rice’s addition to the town of Adel.
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Appeal from Dallas Ciremt Cowrt On the 13th day of October, 1869, F. S. Graham was the owner of block six in Rice’s addition to the town of Adel. On the 15th. day of November, 1869, one D. J. Curtis filed in the proper office a mechanic’s lien on said premises, and foreclosed said lien in the Circuit Court of Dallas county, on the 9th day of June, 1870, and thereafter sold said premises on special execution, under and by virtue of said foreclosure proceedings, and on the 8th day of August, 1870, a sheriff’s deed was made and delivered therefor, to the purchaser at said execution sale. At the…
1Opinion of the Court
Day J.
i. judicial demption': mentíieíi-11^ deem.1 ore I. The plaintiff, as the holder of a general judgment recovered against Graham after the mechanic’s lien in question was filed upon the premises in controversy, brings this action, more than nine years after the execution of a sheriff’s deed, to redeem the premises from the judgment and sale, and require the purchaser, and those holding under him, to account for the rents. In State of Iowa v. Eads, 15 Iowa, 114, it was held that the holder of a mortgage, junior to the mechanic’s lien, could not redeem after the execution of a sheriff’s…
2Cases cited3 opinions
- Evans v. TrippSupreme Court of Iowa · 1872
- Jones v. HartsockSupreme Court of Iowa · 1875
- State v. EadsSupreme Court of Iowa · 1863
3Cited by4 opinions
- American Buttonhole, Co. v. Burlington Mutual Loan Ass'nSupreme Court of Iowa · 1883
- Francestown Savings Bank v. SilverSupreme Court of Iowa · 1904
- Ayres v. Adair CountySupreme Court of Iowa · 1883
- Burham v. FritzUnited States Circuit Court · 1882