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Fonda v. Clark
43 Iowa 300
Iowa
1876
Check Treatment
Rothrock, J.

The only question to be determined in this case is, whether the sale should have been made under the provisions of the Code, or under the laws in force before the Code took effect. In Holland v. Dickerson et al., 41 Iowa, 367, this court decided that a sale of real estate, under a judgment rendered prior to the taking effect of the Code, must be conducted under the law in force at the time of the rendition of the judgment.

In Babcock v. Gurney, 42 Iowa, 154, it was held that where judgment was rendered after the Code took effect, upon a debt contracted before that time, the sale should have been conducted under the provisions of the Code, and no appraisement should have been made. Following the case last above cited, the judgment of the court below is

Aeeirmed.

Case Details

Case Name: Fonda v. Clark
Court Name: Supreme Court of Iowa
Date Published: Jun 7, 1876
Citation: 43 Iowa 300
Court Abbreviation: Iowa
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