Bolton v. Owen
Supreme Court of Iowa
Appeal from Linn District Court. Action in equity. The defendant is the holder of a sheriff’s certificate of sale of certain real estate in Linn county.
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Appeal from Linn District Court. Action in equity. The defendant is the holder of a sheriff’s certificate of sale of certain real estate in Linn county. The plaintiff avers that he is a j unior lienholder, and as such was entitled to redeem from the sheriff’s sale, and did redeem by paying, within the - time allowed, the requisite amount to the clerk of the court, which redemption money so paid the defendant accepted and withdrew from the clerk, but that the defendant, notwithstanding such fact, refuses to assign to him his sheriff’s certificate, as by statute he was bound to do. He prays,…
1Opinion of the CourtAdams, J.
The answer contained a denial that the plaintiff was a junior lienholder, and the demurrer admitted such fact. Without being a junior lienholder he had no right to redeem. The plaintiff, however, insists that his payment of the money for redemption, and acceptance of the *231same by tbe defendant, should be held to estop the defendant from denying his right to redeem. But the fact of the redemption by plaintiff, and acceptance of the money by defendant, was denied. We think that the demurrer was rightly overruled.
Affirmed.
2Cited by1 opinion
- Perry v. KasparSupreme Court of Iowa · 1901