Rosier v. Hale
Supreme Court of Iowa
Appeal from Fayette District Oourt. MOTION by the defendants to set aside a sale made by the sheriff of Fayette county, under an execution issued from the Supreme Court. Milo McGlathery, for the motion, contended that the act to provide for the appraisement of property sold under execution, should be so construed as to have a retrospective effect. The motion was resisted by Wm.
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Appeal from Fayette District Oourt. MOTION by the defendants to set aside a sale made by the sheriff of Fayette county, under an execution issued from the Supreme Court. Milo McGlathery, for the motion, contended that the act to provide for the appraisement of property sold under execution, should be so construed as to have a retrospective effect. The motion was resisted by Wm. McClintoclc, attorney for the plaintiff, and S. A. Mice and John N. Rogers as amici curim, on the ground that the act entitled an “Act to provide for the appraisement of property sold under execution,” is…
1Opinion of the CourtLowe, C. J.
On the 16th of April last, after the late apr praisement law had taken effect by publication, the sheriff of Eayette county, by virtue of an execution issued upon a judgment rendered in this court at its last December term, sold to the plaintiff as the highest bidder, two forty acre lots of land, according to his return, for the sum of twenty-five dollars.
The levy and sale under this execution we are now asked-to set aside, because the sheriff in conducting the same disregarded the provisions of the act entitled, “an Act to provide for the appraisement of property sold under execution,”…
2Cases cited4 opinions
- Bronson v. KinzieSupreme Court of the United States · 1843
- Quackenbush v. DanksCourt for the Trial of Impeachments and Correction of Errors · 1845
- Chadwick v. MooreSupreme Court of Pennsylvania · 1844
- Iverson v. ShorterSupreme Court of Alabama · 1846
3Cited by13 opinions
- State ex rel. Shaver v. Iowa Telephone Co.Supreme Court of Iowa · 1915
- Jones v. CommonwealthSupreme Court of Virginia · 1890
- Malony v. FortuneSupreme Court of Iowa · 1863
- Jordan v. WimerSupreme Court of Iowa · 1876
- Holloway v. ShermanSupreme Court of Iowa · 1861
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