Legal Opinion

Lewis v. Sherwin Bros.

Supreme Court of Iowa

Decided July 13, 1905PublishedCited by 1 opinion

Appeal from Wapello District Court.— Hon. C. W. Vermillion, Judge. Action to enjoin the issuance of a sheriff’s deed under a sale of the premises in controversy on execution issued under judgment of defendants Sherman Bros, against Rosa Furestenburg. Plaintiff alleges that she is the owner of the premises in question, and that Rosa Furestenburg has no title or interest therein subject to execution sale.

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Appeal from Wapello District Court.— Hon. C. W. Vermillion, Judge. Action to enjoin the issuance of a sheriff’s deed under a sale of the premises in controversy on execution issued under judgment of defendants Sherman Bros, against Rosa Furestenburg. Plaintiff alleges that she is the owner of the premises in question, and that Rosa Furestenburg has no title or interest therein subject to execution sale. By the decree the defendants are perpetually enjoined from selling the premises or from acquiring or transferring any title under the pretended sale, and the title of the premises is, as…

1Opinion of the CourtMcClain, J.

1. wills: deproperty:01 construction. Plaintiff is the granddaughter of one Sarah Sampson, now deceased, who formerly owned a lot in Ottumwa twenty and one-half feet front by one hundred and twenty and one-half feet in depth, with the buildings thereon. As appears from the pja^. introduced in evidence, this tract covers lot thirteen of a subdivision of what is designated on the original plat of Ottumwa as “ Mill Donation,” which lot is twenty and one-half feet front on Main street and one hundred and eight feet in depth along Market street, and also a tract of the same width at the rear of…

2Cases cited4 opinions

  1. Eckford v. EckfordSupreme Court of Iowa · 1894
  2. Barney v. MillerSupreme Court of Iowa · 1865
  3. Clifton Heights Land Co. v. RandellSupreme Court of Iowa · 1891
  4. Waldin v. SmithSupreme Court of Iowa · 1888

3Cited by1 opinion

  1. Koep v. KoepSupreme Court of Iowa · 1909

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