Tharp v. Jamison
Supreme Court of Iowa
Appeal from Van Burén District Court. — IIon. D. M. Anderson, Judge. Suit in equity against a sheriff and an execution plaintiff to set aside a sheriff’s sale, and to enjoin the issuance of the sheriff’s deed thereunder to certain real estate. The plaintiff alleged that she was the owner of such real estate, whereas it was levied upon by the sheriff as the property of her husband under an execution against him. There was a decree for the plaintiff, and the defendants appeal.
1Opinion of the CourtEvans, J.
The controversy in this case turns upon a question of fact. Was the plaintiff the owner of the real estate in question, or was her husband the owner thereof?
One or the other of them acquired the title by warranty deed from one John Miller on November 24,. 1903. This deed was lost before it was recorded, and was not found until after the beginning of this action. It was found before the trial, and was introduced in evidence. Such deed on its face runs to the plaintiff as grantee. Such deed, however, shows upon its face that since it was first written there was a change or erasure of the first…
2Cases cited9 opinions
- Hagan v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1890
- McGee v. AllisonSupreme Court of Iowa · 1895
- First National Bank of Grand Haven v. ZeimsSupreme Court of Iowa · 1894
- Shroeder v. WebsterSupreme Court of Iowa · 1893
- Jordan v. StewartSupreme Court of Pennsylvania · 1854
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3Cited by8 opinions
- Johnson v. Northern Minnesota Land & Investment Co.Supreme Court of Iowa · 1915
- Phipps-Reynolds Co. v. McIlroy Bank & Trust Co.Supreme Court of Arkansas · 1939
- Monona County v. GraySupreme Court of Iowa · 1925
- New York Life Ins. v. BullockDistrict Court, S.D. Florida · 1932
- Anderson v. EischenCourt of Appeals for the Ninth Circuit · 1926
3 more not listed; retrieve them via the Exa API.