State v. Eads
Supreme Court of Iowa
Appeal from Lee District Court. Plaintiff filed a petition in equity, in the District Court of Lee County, at Fort Madison, December 18, 1861, to foreclose a certain mortgage executed by J. D. Eads and Minerva, his wife, and filed for record, January 2d, 1857, conveying to plaintiff lots 108, 109,110, in Fort Madison.
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Appeal from Lee District Court. Plaintiff filed a petition in equity, in the District Court of Lee County, at Fort Madison, December 18, 1861, to foreclose a certain mortgage executed by J. D. Eads and Minerva, his wife, and filed for record, January 2d, 1857, conveying to plaintiff lots 108, 109,110, in Fort Madison. MeMurphy is made a defendant, and the petition alleges that he claims title to lot 108, under a sheriff’s sale thereof, upon a judgment in favor of Hesser & Hale, to enforce a mechanic’s lien. Plaintiff denies that defendant’s (MeMurphy) title to said lot is paramount to the…
1Opinion of the CourtLowe, J.
This cause was rightly disposed of below, and the decision there must be affirmed.
The facts show that the mechanic’s lien, under which McMurphy claims title, attached upon lot 108, before the execution of plaintiff’s mortgage; that it was enforced by due process of law, the property sold thereunder at sheriff’s sale, on the 16th day of December, 1857, and not being redeemed in twelve months thereafter, a deed for said property, on the 4th of January, 1859, was made by the sheriff to Hesser & Hale, the lien holders, and on the same day by them to the defendant, McMurphy, who claims to be the…
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