100 Iowa 313 | Iowa | 1896
I. There is no controversy as to the facts in this case, and those necessary to be considered are as follows: On February, 7, 1877, the defendant, Worthington, obtained a judgment against plaintiff, Harpham, for two hundred and sixty-one dollars and twenty-nine cents, with interest at — per cent, per annum, and for twenty-three dollars and sixty-six cents attorney’s fees, and five dollars and seventy-five cents costs. On September 18, 1878, Worthington caused a general execution to issue on said judgment, upon which return was made as follows: “This execution came into my hands for service on the nineteenth day of September, 1878, at eleven o’clock a. m.; and on the twenty-fourth day of September, 1878, I levied upon the following described real estate, to-wit: The N. W. J of N. E. ¿ of Sec. 10, Tp. 90, range No. 26 west of the 5th P. M., Iowa; and on the twenty-fourth day of October, 1878,1 sold said land to W. S. Worthington, for three thousand one hundred and fifty dollars. N. Malvin, Sheriff.” It does not appear what further, if anything, was done under this execution sale. On the fifth day of December, 1894, the defendant, Worthington, caused another general execution to issue on said judgment, which was placed in the hands of the defendant, Bradfield, sheriff, for service. The sheriff’s returns show that on the sixth day of December, 1894, he levied said execution upon forty acres of land, and, after giving the notices required, did, on the eighth day of January, 1895, sell the same to W. S. Worthington for seven hundred and eighty-six dollars and sixty-four cents, and executed to him a certificate in due form, “and that I have said money now in court to render the said W, S, Worthington as
Much is said in the pleadings and argument as to plaintiff’s homestead right in said land, but, in the view we take of the case, it is unnecessary to consider jihat subject.