Case v. Plato
| Decision Date | 15 June 1880 |
| Citation | 6 N.W. 128,54 Iowa 64 |
| Parties | CASE v. PLATO AND ANOTHER. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Winneshiek circuit court.
On the sixth day of August, 1874, George M. Carson executed to the defendant Plato a mortgage upon certain premises in controversy, to secure the sum of $1,000, with interest at 10 per cent. In October, 1876, judgment was rendered in favor of Plato against Carson for $1,106.38 and costs, and an attorney's fee, and for a foreclosure of the mortgage. The property was sold on special execution, and Plato became the purchaser for $1,246.60. On the eighth of August, 1877, Plato assigned his certificate of purchase to the plaintiff for $1,336.64, and on the ninth day of January, 1878, the sheriff executed to the plaintiff a deed for the premises.
The plaintiff, in his petition, alleges that prior to the execution of the mortgage, on the seventeenth day of April, 1872, a judgment was rendered in favor of Warder, Mitchell & Company against George M. Carson, for $4.95 costs, that on June 26, 1873, Carson paid said judgment for costs; that on the thirteenth day of July, 1876, Plato, under the supposition that the judgment was still unsatisfied, bought the same from one S. W. Matteson, then pretending to be the owner thereof; that after the assignment of the sheriff's certificate to this plaintiff, and after the execution of the sheriff's deed, Plato, pretending that said judgment was for damages, as well as for costs, and that $192.87 was still due thereon, caused execution to issue, and on the thirteenth day of April, 1878, purchased the premises at sheriff's sale and obtained a certificate of purchase; that Plato now claims said judgment is a lien on the premises prior to the title of plaintiff. The plaintiff prays that his title be declared paramount to the lien claimed by Plato, and that if anything be found due Plato thereon, that the plaintiff be permitted to redeem. The defendants claim that there is due on the judgment in favor of Warder, Mitchell & Co. v. George M. Carson, $192.87, with interest at 10 per cent. from April 13, 1878. The court denied the prayer of plaintiff's petition, except so far as to allow him to redeem from the sale under the defendants' execution. The plaintiff appeals.Coley, Fannon & Akers, for appellant.
L. Bullis, for appellees.
The judgment record in the case of Warder, Mitchell & Co. v. George M. Carson is as follows: The court calendar for...
To continue reading
Request your trial
-
State v. Wieland
...sufficient to constitute a final judgment; and that there is no final judgment until entered in the court's "record book". Case v. Plato, 54 Iowa 64, 6 N.W. 128; Bros. v. Whitman, 56 Iowa 443, 9 N.W. 339; Miller v. Wolf, 63 Iowa 233, loc. cit. 238, 18 N.W. 889; Callanan v. Votruba, 104 Iowa......
-
State v. Wieland
...sufficient to constitute a final judgment; and that there is no final judgment until entered in the court's “record book.” Case v. Plato, 54 Iowa, 64, 6 N. W. 128;Traer Bros. v. Whitman, 56 Iowa, 443, 9 N. W. 339;Miller v. Wolf, 63 Iowa, 233, loc. cit. 238, 18 N. W. 889;Callanan v. Votruba,......
-
Hubbart v. Willis State Bank
...the record of judgments.' Winter v. Coulthard, 94 Iowa, 312, 62 N. W. 732; Balm v. Nunn, 63 Iowa, 642, 19 N. W. 810; Case v. Plato, 54 Iowa, 64, 6 N. W. 128. In one of these cases it is said that, `there being no valid existing judgment when the execution issued, it is void.' This declarati......
-
Case v. Plato
...6 N.W. 128 54 Iowa 64 CASE v. PLATO ET AL Supreme Court of Iowa, Des MoinesJune 15, Appeal from Winneshiek Circuit Court. ON the 6th day of August, 1874, George M. Carson executed to the defendant Plato a mortgage upon certain premises in controversy to secure the sum of $ 1,000, with inter......