Fonda v. Clark
Supreme Court of Iowa
Appeal from Buchanan District Oourt. On the 13th day of April, 1867, plaintiff executed to one S. S. Clark his promissory note, and a mortgage on certain real estate to secure the same. In June, 1874, said mortgage was foreclosed, and no appeal taken. On the 1st day of August, 1874, the real estate was sold on execution, on said foreclosure.
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Appeal from Buchanan District Oourt. On the 13th day of April, 1867, plaintiff executed to one S. S. Clark his promissory note, and a mortgage on certain real estate to secure the same. In June, 1874, said mortgage was foreclosed, and no appeal taken. On the 1st day of August, 1874, the real estate was sold on execution, on said foreclosure. The sheriff made sale in accordance with the law in force prior to the Code, which was by appraisement, the defendant herein being the purchaser. A sheriff’s deed was made to defendant at the time of the sale, and he took immediate possession of the…
1Opinion of the CourtRothrock, J.
The only question to be determined in this case is, whether the sale should have been made under the provisions of the Code, or under the laws in force before the Code took effect. In Holland v. Dickerson et al., 41 Iowa, 367, this court decided that a sale of real estate, under a judgment rendered prior to the taking effect of the Code, must be conducted under the law in force at the time of the rendition of the judgment.
In Babcock v. Gurney, 42 Iowa, 154, it was held that where judgment was rendered after the Code took effect, upon a debt contracted before that time, the sale should have…
2Cases cited2 opinions
- Holland v. DickersonSupreme Court of Iowa · 1875
- Babcock v. GurneySupreme Court of Iowa · 1875
3Cited by1 opinion
- Jack v. ColdSupreme Court of Iowa · 1901