Key City Gas Light Co. v. Munsell
Supreme Court of Iowa
Appeal from Dubuque District Court. Clouds on title: remedy in equity. — This is an appeal from an order of the District Court, refusing to dissolve an injunction. The petition in substance alleges: That the' defendant Munsell, is a judgment creditor, not of the plaintiff, but of the Dubuque Gas Light and Coke Company, and has issued an execution and caused the same to be levied on lots 598 and 598a, in the city of Dubuque, and advertised them for sale under the execution.
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Appeal from Dubuque District Court. Clouds on title: remedy in equity. — This is an appeal from an order of the District Court, refusing to dissolve an injunction. The petition in substance alleges: That the' defendant Munsell, is a judgment creditor, not of the plaintiff, but of the Dubuque Gas Light and Coke Company, and has issued an execution and caused the same to be levied on lots 598 and 598a, in the city of Dubuque, and advertised them for sale under the execution. “ That said judgment, on which said execution issued, is not and never was a lien on said property. That although said…
1Opinion of the CourtDillon, J.
x la-jutrecioud°upon tltle' The cases are not entirely accordant, respecting the circumstances under which equity will inter-^ere Prevent a cloud upon the title to real estate, or to remove the cloud, if one has been already cast. But the principle which should govern in these cases is clear. A man has no right, wrongfully, to sell any land upon an execution against another. If the averments of the petition in this case 'are true, and they are to be so regarded upon this appeal, it is clear that the sheriff has no right to sell the lots to satisfy the Munsell judgment.
By making the levy and…
2Cases cited3 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Macklot v. City of DavenportSupreme Court of Iowa · 1864
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
3Cited by13 opinions
- Bishop v. MoormanIndiana Supreme Court · 1884
- Lewton v. HowerSupreme Court of Florida · 1882
- Yount v. HooverSupreme Court of Kansas · 1915
- Talieferro Ex'r v. BarnettSupreme Court of Arkansas · 1881
- Gunn v. WagnerSupreme Court of Iowa · 1951
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