Thomson v. Smith
Supreme Court of Iowa
Appeal from Madison District Oourt. — Hon. A. W. Wilkinson, Judge. A decree was entered foreclosing a mechanic’s lien in favor of the Frost Manufacturing Company, and also one in favor of hi. L. Thomson, on the sixteenth day of October, 1896. The lot, with appurtenances, was sold thereunder to the plaintiff June 17, 1897, and a sheriff’s deed executed to him a year later.
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Appeal from Madison District Oourt. — Hon. A. W. Wilkinson, Judge. A decree was entered foreclosing a mechanic’s lien in favor of the Frost Manufacturing Company, and also one in favor of hi. L. Thomson, on the sixteenth day of October, 1896. The lot, with appurtenances, was sold thereunder to the plaintiff June 17, 1897, and a sheriff’s deed executed to him a year later. Because of defendant’s threat to remove certain machinery from the premises, he was enjoined in this action from so doing. T. J. Pearson & Bro. intervened therein, alleging the sale of the wagon scales situated on the lot to…
1Opinion of the CourtLadd, J.
1 The plaintiff, as purchaser at the sheriff’s sale, had no notice of the intervener’s claim to the wagon scales until after he had taken possession of the premises under the sheriff’s deed. He then acquired precisely the same right to the fixtures under the deed as though he had bought directly from the defendant, and, conceding the sale of the scales by intervener to- defendant to have been conditioned as contended, this would not affect the title of a third party buying in good faith without notice. Stilman v. Flennicken, 58 Iowa, 454; Bringhoff v. Munzenmaier, 20 Iowa, 513; 13 Am. & Eng.…
2Cases cited19 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
- Snedeker v. . WarringNew York Court of Appeals · 1854
- Wolford v. BaxterSupreme Court of Minnesota · 1884
14 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Frost v. SchinkelNebraska Supreme Court · 1931
- Thomsen v. CullenWisconsin Supreme Court · 1928
- Cornell College v. CrainSupreme Court of Iowa · 1931
- Snuffer v. SpanglerWest Virginia Supreme Court · 1917
- Hannon v. KellyWisconsin Supreme Court · 1914
19 more not listed; retrieve them via the Exa API.