Supreme Court of Iowa, 1847

Dunham v. Collier & Pettis

Dunham v. Collier & Pettis
Supreme Court of Iowa · Decided July 15, 1847 · Wilson
1 Greene 54

Dunham v. Collier & Pettis

Opinion of the Court

Wilson, J.

The fact that there was a judgment in Des Moines county against Dunham, as a garnishee, would not prevent Collier and Pettis from proceeding to collect the money, by a sale of the mortgaged premises, under the decree of foreclosure. Dunham cannot ask for an injunction against the collection of the money under the decree, unless he allege that he.has satisfied the judgment in Des Moines county, (a) We see no equity in the bill, and think there was no error in the court below.

Decree affirmed.

Christie v. Bogardus, 1 Barb. Ch. R. 167.

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