Vanslyck v. Mills & Co.
Supreme Court of Iowa
Appeal from Polk Qvremt Qowrt. This action is brought to recover the amount oí an alleged bid at a sheriff’s sale of property.
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Appeal from Polk Qvremt Qowrt. This action is brought to recover the amount oí an alleged bid at a sheriff’s sale of property. The petition alleges that, at the July term, 1870, of the Polk circuit court, the Cleveland Paper Co. recovered a judgment against Orwig & Co. for $582.92 and costs; that execution was issued on said judgment, and was by plaintiff, as sheriff, levied upon one printing press, the property of Orwig & Co.; that after appraisement and giving due notice of the sale, etc., and on the 30th day of September, 1870, the sheriff offered said property for sale, and thereat the…
1Opinion of the CourtCole, J.
1. Instructions: conflict. The main issue of fact, between the parties in this action, was whether the bid made by the defendants at the sale, was an unconditional bid, or whether it was a bid with the condition or understanding that the amount of the bid should be first apnlied in the discharge of certain incumbrances upon the property, and the surplus, only, upon the' execution. Upon this question there was a manifest and recognized conflict in the testimony. As to other facts there was no dispute. These were, in part, that there was a mortgage upon the property, prior in time and paramount…
2Cases cited2 opinions
- Campbell v. LeonardSupreme Court of Iowa · 1861
- Davis v. StrohmSupreme Court of Iowa · 1864
3Cited by12 opinions
- Morrison v. McAteeOregon Supreme Court · 1893
- Rudd v. DeweySupreme Court of Iowa · 1903
- McCormick v. KellySupreme Court of Minnesota · 1881
- Citizens' State Bank v. Council Bluffs Fuel Co.Supreme Court of Iowa · 1894
- State v. SchumacherSupreme Court of Iowa · 1923
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