Supreme Court of Iowa, 1876

Fonda v. Clark

Fonda v. Clark
Supreme Court of Iowa · Decided June 7, 1876 · Rothrock
43 Iowa 300
Fonda v. Clark

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

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-law data current through September 30, 2026. Source: CourtListener bulk data.