Shine v. Hill
Supreme Court of Iowa
Appeal from, Dubuque District Court. Bill to set aside trustee’s sale and deed : what OBJECTIONS AVAILABLE AGAINST PURCHASER, ETC. —■ This suit is brought to set aside a trustee’s sale of the property in controversy, and to foreclose a mortgage on the same premises in behalf of the plaintiff. On the 14th day of July, 1858, Lawrence Malony and wife, executed to¥m.
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Appeal from, Dubuque District Court. Bill to set aside trustee’s sale and deed : what OBJECTIONS AVAILABLE AGAINST PURCHASER, ETC. —■ This suit is brought to set aside a trustee’s sale of the property in controversy, and to foreclose a mortgage on the same premises in behalf of the plaintiff. On the 14th day of July, 1858, Lawrence Malony and wife, executed to¥m. Newman, a deed of trust on the west half of lots 752 and 753, in the city of Dubuque, Iowa, to secure the payment of a note made by Malony to Thomas Delany for the sum of $1,500, payable in one year from its date. On default of…
1Opinion of the CourtDillon, J.
Before adverting to the special objections to the trustee’s sale, it is important to ascertain the position of the defendant Judd, the present owner. For it might be that the plaintiff would be entitled to relief against Hill, and yet not be entitled to have the sale set aside as against J udd, the purchaser from Hill. At the time Judd purchased from Hill, the present bill was not pending. At the time the contract for the purchase was entered into between J udd and Hill, the former is not shown to have had any notice that the validity of Hill’s title was in any manner questioned. He paid down…
2Cited by2 opinions
- Hill v. BakerSupreme Court of Iowa · 1871
- Fairman v. PeckIllinois Supreme Court · 1877