Crosby v. Elkader Lodge No. 72
Supreme Court of Iowa
Appeal from Clayton District Court. A suit in-equity, arising out of the following facts and. circumstances, as shown by the record. First. That on the 19th-day of-April,.one. E. Gr. Rolf purchased of John Thompson-a lot. of ground, twenty feet in width, situated on fractional block-five-.in .-the town .of.
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Appeal from Clayton District Court. A suit in-equity, arising out of the following facts and. circumstances, as shown by the record. First. That on the 19th-day of-April,.one. E. Gr. Rolf purchased of John Thompson-a lot. of ground, twenty feet in width, situated on fractional block-five-.in .-the town .of. Elkader, and had the deed therefor, made-.by Thompson to one J. W. Libby; that on the, 29 th of July following, Libby a,nd. wife conveyed said lot to Elkader Lodge No. 72, being a Society of the Order- of Masons, in the town of Elkader; that an agreement between Rolf: and said Lodge was…
1Opinion of the CourtLowe, J.
The question involves no principle not heretofore settled by this Court.
First. It has been held that the equitable interest of the judgment debtor in real estate is vendible upon execution, and the judgment itself operates as a lien thereon. Harrison v. Kramer et al., 3 Iowa, 543; Blain v. Stuart, 2 Iowa, 378.
Second. If the debtor or his grantee redeem land which had been sold in part^satisfaction of a subsisting judgment, the property at once becomes liable to satisfy the unpaid balance of the execution from the moment of such redemption. This principle or rule of property is distinctly…
2Cases cited3 opinions
- Harrison v. KramerSupreme Court of Iowa · 1856
- Curtis v. Millard & Co.Supreme Court of Iowa · 1862
- Blain v. StewartSupreme Court of Iowa · 1856
3Cited by13 opinions
- Flanders v. AumackOregon Supreme Court · 1897
- McQueeney v. ToomeyMontana Supreme Court · 1907
- Taylor v. BranscombeSupreme Court of Iowa · 1888
- Reynolds v. FlemingSupreme Court of Minnesota · 1890
- Cadd v. SnellSupreme Court of Iowa · 1935
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