Ehleringer v. Moriarty
Supreme Court of Iowa
Appeal from Johnson District Court. The bill ivas filed to obtain a decree for the correction of a mistake in a deed of conveyance.
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Appeal from Johnson District Court. The bill ivas filed to obtain a decree for the correction of a mistake in a deed of conveyance. In March A. D. 1849, James Robinson recovered a judgment in the District Court, against Peter Moriarty, for the sum of $151,03. Execution was issued and the sheriff levied on two tracts of land, one of which was the west fractional half of the south west quarter of section thirty-one, in township seventy-nine north, in range six west. [The west fractional half south-west quarter, section 31, township 79, north range 6 west.] The sheriff gave a certificate of the…
1Opinion of the Court
"WoodwáRD, J.
The respondent demurred to the bill upon several grounds. Eirst for repugnancies, that the bill alleges that James Robinson bid for the land, and became the purchaser and took the certificate, and then avers that he purchased for his son James T. Robinson. It appears that the sheriff’s deed was made to James T. and he conveyed to King, and he to the petitioner, both conveyances being by warranty deed, and apparently for an adequate and valuable consideration.
There is no repugnancy in the statement above referred to. It is a familiar doctrine and practice, that the sheriff may…
2Cited by6 opinions
- Hall v. HallWest Virginia Supreme Court · 1877
- Splahn v. GillespieIndiana Supreme Court · 1874
- Drake v. JordanSupreme Court of Iowa · 1887
- Semple v. Bank of British ColumbiaU.S. Circuit Court for the District of Oregon · 1878
- Allerton v. Monona CountySupreme Court of Iowa · 1900
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