Bay v. Harnett
Supreme Court of Iowa
Appeal from Monroe District Court. The plaintiff brings this action to set aside the sale 10 him of certain lands, by Samuel F. Miller, sheriff, and for the refunding to him, by the sheriff, of the purchase price of said land. The court granted the plaihtiff the relief prayed for. The defendant, Maurice Harnett, appeals. The facts are stated in the ojiinion.
1Opinion of the CourtDay, J.
1. EXECUTION sale: mistake of fact : equitable relief. On the 3d day of March, 1880, the land in qiBStion, consisting of seventy-two acres, was offered for- salebv the defendant, Samuel F. Miller, sheriff, under an execuion for $229, issued upon a judgment in favor of Elizabeth Tar-nett and against Maurice Harnett, in a suit for divorce. Che plaintiff on the day of sale came to Albia rith the intention of buying said land at the sale. The defendant, B. F. Elbert, held a mortgage :pon said land for about $600, which was a lien upon the land irior to the lien of the judgment under which the…
2Cited by3 opinions
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- Aronson v. HoskinsSupreme Court of Iowa · 1926