Clayton v. Ellis
Supreme Court of Iowa
Appeal from Dallas Circuit Court. Action in equity to compel the defendant Ellis, as sheriff of Dallas county, to execute to the plaintiffs a deed of certain land in that county. The land was sold under execution, in pursuance of a decree of foreclosure of a mortgage, and was purchased at the execution sale by the execution creditor, who has since died intestate, leaving the plaintiffs as his heirs.
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Appeal from Dallas Circuit Court. Action in equity to compel the defendant Ellis, as sheriff of Dallas county, to execute to the plaintiffs a deed of certain land in that county. The land was sold under execution, in pursuance of a decree of foreclosure of a mortgage, and was purchased at the execution sale by the execution creditor, who has since died intestate, leaving the plaintiffs as his heirs. The time of redemption has expired, but the sheriff refuses to execute a deed. The petition shows that he refuses because of the alleged rights of one Ellen Watson, who is made defendant with him.…
1Opinion of the CourtAdams, J.
i. judicial sale. íeciemp The question presented is as to whether the holder of an unsatisfied balance of a judgment can redeem from an execution sale made under the same juc|gmen^ The appellants insist that he can. Section 3103 of the Code provides that any creditor of the •defendant whose demand is a lien upon the real estate may redeem the same at any time within nine months from the day of sale. The defendant Ellen Watson is certainly a creditor of the defendant in execution, and the only question is as to whether her demand is a lien upon the real estate. If so she is entitled to redeem,…
2Cases cited3 opinions
- Russell v. AllenNew York Court of Chancery · 1843
- Tuttle v. DeweySupreme Court of Iowa · 1876
- Hays v. ThodeSupreme Court of Iowa · 1864
3Cited by25 opinions
- Flanders v. AumackOregon Supreme Court · 1897
- Hervey v. KrostIndiana Supreme Court · 1888
- Horn v. Indianapolis National BankIndiana Supreme Court · 1890
- Moody v. FunkSupreme Court of Iowa · 1891
- Escher v. SimmonsSupreme Court of Iowa · 1880
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