Ayres v. Campbell
Supreme Court of Iowa
Appeal from Polk District Court. Bill in equity. — The petition represents that one Arnold Winchester recovered a judgment against the complainant, in the District Court held in Warren county, for about fifty dollars, in June, 1854. In August of the same year, an execution was issued and levied upon a certain tract of land of forty acres, in Pollc county, which the sheriff, McHenry, advertised and offered for sale, but did not sell, for the want of bidders.
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Appeal from Polk District Court. Bill in equity. — The petition represents that one Arnold Winchester recovered a judgment against the complainant, in the District Court held in Warren county, for about fifty dollars, in June, 1854. In August of the same year, an execution was issued and levied upon a certain tract of land of forty acres, in Pollc county, which the sheriff, McHenry, advertised and offered for sale, but did not sell, for the want of bidders. In December, 1854, another execution was issued, and was levied upon another and different tract of land of .forty acres, also in Polk…
1Opinion of the CourtWoodward, J.
There is no provision of the statute requiring notice of an execution, or of a levy, to be served on a defendant. The law leaves him to ascertain these things *217at bis peril, assuming that be will know when a judgment is recovered against bim, and will take notice of what will follow thereon.
The petitioner seeks to set aside the sale on two grounds. The first, is, that the land was sold for a greatly inadequate price, and that there was collusion, &c. Upon the subject of inadequacy of price, we refer to what is said in Cavender v. Heirs of Smith, 1 Iowa, 307—355. But the principal difficulty on…
2Cases cited2 opinions
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