Legal Opinion

Bush v. Herring

Supreme Court of Iowa

Decided January 26, 1901PublishedCited by 3 opinions

Appeal from Harrison District Court. — -Hon. F. H. Gay-nor, Judge. Suit in equity to set aside a sheriff’s sale of real estate and to quiet plaintiff’s title thereto. Defendants deny plaintiff’s ownership of the property, and plead title derived through a sheriff’s sale- thereof as the property of one Kreiger. The trial court rendered decree for plaintiff, and defendants appeal.

1Opinion of the CourtDeemer, J.

1 On July 17, 1895, defendant Herring' commenced action aided by attachment against one Theodore Kreiger. The attachment was' levied' on the property in dispute, and at that, time the record title was in Theodore Kreiger. Antone Kreiger, wife of Theodore, intervened in the action, alleging that she was the wife of Theodore, and the owner of the attached property. About the time the case was reached for trial, she dismissed her petition of intervention, and plaintiff in that proceeding • took judgment against the defendant' therein, and secured an order for a special execution. That execution…

2Cases cited5 opinions

  1. Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
  2. Brown v. WadeSupreme Court of Iowa · 1876
  3. Evans v. McGlassonSupreme Court of Iowa · 1864
  4. Moorman v. GibbsSupreme Court of Iowa · 1888
  5. Eldred v. DrakeSupreme Court of Iowa · 1876

3Cited by3 opinions

  1. Wabash Railway Co. v. Iowa & Southwestern Railway Co.Supreme Court of Iowa · 1925
  2. Albia State Bank v. SmithSupreme Court of Iowa · 1909
  3. McNamara v. McNamaraSupreme Court of Iowa · 1914

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