Olmstead v. Kellogg
Supreme Court of Iowa
Appeal from Ha/rrison Circuit Court. On tbe 2d day of October, 1858, one Henry Olmstead borrowed from Harrison county the sum of $2,000, of the swamp land fund belonging to said county. He gave his promissory notes for said loan, and to secure the payment thereof he made and delivered to said county a mortgage upon certain lands then owned by him. In October, 1861, said Olmstead died intestate.
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Appeal from Ha/rrison Circuit Court. On tbe 2d day of October, 1858, one Henry Olmstead borrowed from Harrison county the sum of $2,000, of the swamp land fund belonging to said county. He gave his promissory notes for said loan, and to secure the payment thereof he made and delivered to said county a mortgage upon certain lands then owned by him. In October, 1861, said Olmstead died intestate. After his death an action for the foreclosure of said mortgage was commenced against his heirs, and the administrator of his estate; and in October, 1863, a decree of foreclosure was entered, and a…
1Opinion of the CourtEothrook, J.
I. The burden of proof was upon the plaintiffs to establish the. alleged fraudulent combination of the bidders at the sale. A careful examination of the abstracts prepared by the parties has led us to the conclusion that in *462tins the plaintiffs have failed. It is true there is some evidence tending to show that on the evening before the sale there was a meeting of the defendants, who became purchasers of the land, at the office of the county treasurer, and a witness testifies that the sheriff said: “They are fixing up that Olmstead land that is to be sold to-morrow.” The sheriff is not charged…
2Cases cited4 opinions
- Holland v. DickersonSupreme Court of Iowa · 1875
- Rosier v. HaleSupreme Court of Iowa · 1860
- Cooley v. WilsonSupreme Court of Iowa · 1876
- Babcock v. GurneySupreme Court of Iowa · 1875
3Cited by2 opinions
- Korf v. HowertonSupreme Court of Iowa · 1919
- Des Moines Joint Stock Land Bank v. NordholmSupreme Court of Iowa · 1934