Legal Opinion

Phelps v. Finn

Supreme Court of Iowa

Decided March 22, 1877PublishedCited by 2 opinions

Appeal from Winneshiek, Circuit Court. This is an action in equity to set aside a sheriff’s deed for lot 4 in block 15, in tbe town of Decorah, to the defendant, John Finn, and for a decree directing the sheriff to execute a •’deed for said premises to the plaintiff. The parties agreed that certain portions of the pleadings were true^ and submitted the case upon the petition, answer, reply and their stipulation.

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Appeal from Winneshiek, Circuit Court. This is an action in equity to set aside a sheriff’s deed for lot 4 in block 15, in tbe town of Decorah, to the defendant, John Finn, and for a decree directing the sheriff to execute a •’deed for said premises to the plaintiff. The parties agreed that certain portions of the pleadings were true^ and submitted the case upon the petition, answer, reply and their stipulation. The court dismissed plaintiff’s petition, and rendered judgment against him for costs. -Plaintiff appeals.

1Opinion of the Court

Day, Ch. J.

The facts collated from the stipulation of the parties are as follows: On the 16th day of October, 1873, the plaintiff recovered a judgment against, the defendant, Peter Quinn, for the sum of $273.80, for the purchase money of lot 4, in block 15, in Decorah, and a decree that the same be sold under said judgment. On the 22d day of December, 1874,°a special execution issued for the sale of said premises, and, on the 23d day of January, 1875, the same were sold to the plaintiff for the sum of $100, and a certificate of purchase was duly *448executed and delivered therefor. The balance of…

2Cases cited2 opinions

  1. Hale v. HeaslipSupreme Court of Iowa · 1864
  2. Delavan v. PrattSupreme Court of Iowa · 1865

3Cited by2 opinions

  1. Kimball v. WilsonSupreme Court of Iowa · 1882
  2. Keane v. United Guaranty Indemnity Co. (In re Keane)District Court, N.D. Iowa · 1980

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