Cooper v. French
Supreme Court of Iowa
Appeal from, Montgomery District Oourt. Action in equity to set aside a sheriff’s deed. The plaintiff was the owner of the premises in question, and had executed a mortgage thereon to the defendant’s intestate.
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Appeal from, Montgomery District Oourt. Action in equity to set aside a sheriff’s deed. The plaintiff was the owner of the premises in question, and had executed a mortgage thereon to the defendant’s intestate. The defendant foreclosed the mortgage and caused an execution to be issued and placed in the hands of the sheriff, who advertised the property and made a return of sale, and at the expiration of one year from the time of sale, as stated in the.return, executed a deed to the defendant as purchaser. The questions in the case arise upon sustaining the defendant’s motion to strike out a…
1Opinion of the CourtAdams, J.
l. pleading: FegTñonciusi°n. — I. The plaintiff averred in the seventh paragraph of his petition that “ there was no such sale of the property as law provides, and that there was no compliance with the law after the property was offered for sale.” The defendant moved to strike *532out the paragraph >on the ground that it averred only a con elusion of law. The motion was sustained, and the plaintiff excepted. He insists that the paragraph should be taken with other paragraphs which he claims contain averments of facts showing in what the illegality of the sale consisted. Whatever is numbered as a…
2Cases cited1 opinion
- Hammersham v. FairallSupreme Court of Iowa · 1876
3Cited by4 opinions
- Mallinckrodt Chemical Works v. NemnichSupreme Court of Missouri · 1902
- Heiman v. FelderSupreme Court of Iowa · 1916
- Gibson v. Chicago Great Western Railway Co.Supreme Court of Missouri · 1910
- State v. PattersonSupreme Court of Kansas · 1903