Frazier v. Crafts
Supreme Court of Iowa
Appeal from Henry District Court. Israel Crafts, as administrator of the estate of John Hufty, deceased, brought a suit at law, without attachment or other auxiliary proceeding, in the Henry County Circuit Court, against one Levi Clark, and at the May Term, 1870, he recovered judgment against Clark, for the sum of $973.40 and costs.
Read the full summary
Appeal from Henry District Court. Israel Crafts, as administrator of the estate of John Hufty, deceased, brought a suit at law, without attachment or other auxiliary proceeding, in the Henry County Circuit Court, against one Levi Clark, and at the May Term, 1870, he recovered judgment against Clark, for the sum of $973.40 and costs. On the 10th day of September, A. D. 1870, the lands in controversy were duly sold under said judgment to Israel Crafts, as such administrator, for the sum of $1,025.00, and, upon the same day a sheriff’s deed was executed to him therefor; which was duly recorded…
1Opinion of the CourtDay, J.
Section 3541 of tbe Revision is as follows: “Property acquired by a bona fide purchaser, under a judgment subsequently reversed, shall not be affected by such reversal.”' If the property in question had, under the former judgment, been sold to a third party purchasing in good faith, his title would under this section be protected, even if the reversal had been upon such ground as to render the recovery of a second judgment, by the plaintiff impossible. In that case the judgment defendant would be compelled to look to the judgment plaintiff, for compensation for the lands sold. Nothing is…
2Cases cited2 opinions
- Gower v. DoheneySupreme Court of Iowa · 1871
- Twogood v. FranklinSupreme Court of Iowa · 1869
3Cited by3 opinions
- Schoonover v. OsborneSupreme Court of Iowa · 1902
- English v. OtisSupreme Court of Iowa · 1904
- Fraizer v. FraizerSupreme Court of Iowa · 1927