Reports of Cases at Law and in Equity; Argued and Determined in the Supreme Court of the State of Iowa Volume 32
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...of it has been executed, his property is discharged from liability under the mortgage. The plaintiff insists that upon the payment of the money into court it was in the custody of the law, and thereupon he was discharged from liability. That may be true as to his liability upon the mortgage executed by him, but so far as defendant Butt's rights are concerned, that is not the question to be considered. It is as to the liability of the property to satisfy the mortgage executed by Nathaniel Campbell. Butt's rights cannot be aifected by the discharge of plaintiff from a debt he owed, with which Butt had nothing to do. Plaintiff insists that the act of defendant Butt in delaying his appeal until the decree was executed is a fraud upon him, and this court will not therefore disturb the decree of the court below. The plaintiff paid his money into court voluntarily; the law gives defendant one year in which to appeal, and during that time the decree may be executed if a supersedeas bond be not filed. I am unable to see why Butt should be required by the voluntary act of plaintiff to stay the order of the court disposing of his money. The money was paid in at plaintiff 's own peril so far as Butt was con-cerned. The order disposing of the money was a secon-dary matter. The real and primary question was Butt's right to enforce his decree against the lot claimed by plaintifii This the court decided he could not do. In this I find there is error. But plaintifi"s argument goes to the extent that, because the secondary and consequential-order for the distribution of the money has been executed, the error of the court in its decision upon the real and only question for adjudication in the case cannot be White v. Butt....
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- 189 x 246 x 11mm | 372g
- 13 Sep 2013
- Illustrations, black and white