Bates v. Ruddick
Supreme Court of Iowa
Appeal from the Lee District Court. On tbe third of Marob, 1852, Gage and wife executed a mortgage to one Littler, on tbe west third of lots 10, 11, and 12, in block 80, in tbe city of Keokuk, to secure tbe sum of three hundred and fifty dollars.
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Appeal from the Lee District Court. On tbe third of Marob, 1852, Gage and wife executed a mortgage to one Littler, on tbe west third of lots 10, 11, and 12, in block 80, in tbe city of Keokuk, to secure tbe sum of three hundred and fifty dollars. This mortgage was recorded April 21, 1852. On tbe TTth day of May, 1852, Gage sold to the defendants, Coffindaffer and Griffey, the same part of lot 10, which was recorded, December 30,1852, and in January, 1858, be sold tbe same portions of lots 11 and 12, to Bates, tbe complainant, whose deed was recorded April 5th, 1853. Tbe ^mortgage was…
1Opinion of the Court
Weight, 0. J.
In determining this case, we shall confine ourselves to the objections urged to the decree rendered by the court below. And in the first place, complainant claims that the decree foreclosing the mortgage, the sheriff’s sale, and the deed made thereon, are void as to him. It is conceded by defendants, that the sale and deed convey no title, and were properly set aside, from the fact that the execution under which the sheriff acted, had no seal.
The only question in this- part of the case, then, relates to the validity of the decree of foreclosure against complainant. No objection…
2Cases cited2 opinions
- James v. HubbardNew York Court of Chancery · 1828
- Dickey v. ThompsonCourt of Appeals of Kentucky · 1847
3Cited by9 opinions
- White v. RittenmyerSupreme Court of Iowa · 1870
- Anson v. AnsonSupreme Court of Iowa · 1865
- Fassett v. MulockSupreme Court of Colorado · 1880
- Barney v. MyersSupreme Court of Iowa · 1870
- Massie v. WilsonSupreme Court of Iowa · 1864
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