Gates v. Ballou
Supreme Court of Iowa
Appeal from Clarke District Court. Action in equity to restrain a sheriff’s sale of real estate upon a decree establishing a mechanic’s lien. Upon a trial the preliminary injunction which had been granted was dissolved, but the judgment on the mechanic’s lien was modified by ordering a credit thereon of ninety dollars, alleged to have been paid before the judgment was rendered.
Read the full summary
Appeal from Clarke District Court. Action in equity to restrain a sheriff’s sale of real estate upon a decree establishing a mechanic’s lien. Upon a trial the preliminary injunction which had been granted was dissolved, but the judgment on the mechanic’s lien was modified by ordering a credit thereon of ninety dollars, alleged to have been paid before the judgment was rendered. The plaintiff appeals from the decree dissolving the injunction, and the defendants appeal from the order directing the credit to be made upon the judgment.
1Opinion of the CourtRothrock, J.
1 STATUTE Of imitations: wlio may chanie’s™ien' ' This cause has once been before this court on an appeal from an order dissolving the injunction, upon answer, affidavits and motion. See 54 Iowa, * 485. The order was reversed and the cause re-man(led and a trial was had upon the merits. It appears ■ from the pleadings and evidence that *742one Gardner was the owner of eighty acres of land, and that' on the 2nd day of October, 1874, he executed a mortgage thereon to plaintiff to secure the payment of $900 and interest. October 31, 1876, Gardner purchased lumber and material of one- Jenson, which…
2Cited by2 opinions
- Anderson v. AndersonSupreme Court of Iowa · 1944
- Welch v. McGrathSupreme Court of Iowa · 1882