Enix v. Miller
Supreme Court of Iowa
Appeal from Monroe Cvrouit Court. Action in equity to determine tbe right to certain funds collected by tbe defendant Miller as sheriff. These funds resulted as a surplus from tbe sale of certain real estate upon tbe foreclosure of a mortgage against one Hays. Tbe defendants Perry & Townsend at tbe tbe time of tbe sale held liens upon tbe property by reason of two judgments obtained by them against Hays.
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Appeal from Monroe Cvrouit Court. Action in equity to determine tbe right to certain funds collected by tbe defendant Miller as sheriff. These funds resulted as a surplus from tbe sale of certain real estate upon tbe foreclosure of a mortgage against one Hays. Tbe defendants Perry & Townsend at tbe tbe time of tbe sale held liens upon tbe property by reason of two judgments obtained by them against Hays. Tbe plaintiff, however, claims that be also held a lien upon the property by reason of a judgment against Hays, and that bis lien was paramount to those held by Perry & Townsend. Tbe question…
1Opinion of the Court
Adams, On. J.
i. ruACTicEin • court!record: tice. ‘ The decree from which this appeal was taken contains these words: “ That on the 16th day of April, 1877, the said John M. Enix recovered a judgment in this court for $639.75 which is prior in point of time to the judgment liens of Perry & Townsend unless said judgment was reversed by the Supreme Court of this State, and this court finds and holds as to that that the appeal by said Enix in said cause to the Supreme Court was not from the judgment in his favor for the $639.75, and that the same was not reversed by the said court, and that the…
2Cited by12 opinions
- Haaren v. MouldSupreme Court of Iowa · 1909
- State v. SalingSupreme Court of Iowa · 1916
- Cannon v. NelsonSupreme Court of Iowa · 1891
- Lownsdale v. Grays Harbor Boom Co.Washington Supreme Court · 1909
- Sloanaker v. HowertonSupreme Court of Iowa · 1918
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