Lathrop v. Brown
Supreme Court of Iowa
Appeal from Black Ha/wk District Gowrt. This action was originally brought against appellant, Brown, and his co-defendant Webster, for the recovery of real property — a lot and appurtenances in Cedar Falls. The answer of defendant Brown set up an equitable defense, Webster’s answer did not. The plaintiff then amended his petition,» and set forth a cause of action in equity, and asked a transfer to the equity docket. The cause was transferred accordingly.
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Appeal from Black Ha/wk District Gowrt. This action was originally brought against appellant, Brown, and his co-defendant Webster, for the recovery of real property — a lot and appurtenances in Cedar Falls. The answer of defendant Brown set up an equitable defense, Webster’s answer did not. The plaintiff then amended his petition,» and set forth a cause of action in equity, and asked a transfer to the equity docket. The cause was transferred accordingly. The' defendant Brown then filed an amended answer, in equity. The cause was tried to the court upon the following agreed statement of facts:…
1Opinion of the CourtCole, J.
i judgment Ser junior judgment. It will be seen from the agreed statement. of facts, that the judgment of Daily, under which the defendant Brown claims, was first rendered; but the first sale was under plaintiff’s judgment, p¡? judgments were alike liens upon the real estate in controversy, the defendant’s title would, in .such case (if the judgment defendant William Green was the owner and holder of the legal title) be the best.
*462. — mamaaal property of partner. But Daily’s judgment was against tlie firm of Green & Co., of which firm William Green was a member. The suit of Daily was against…
2Cases cited7 opinions
- Lamb v. ShaysSupreme Court of Iowa · 1863
- Cook & Sargent v. DillonSupreme Court of Iowa · 1859
- Welton v. TizzardSupreme Court of Iowa · 1864
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- Blaney v. HanksSupreme Court of Iowa · 1862
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3Cited by7 opinions
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- Joseph v. DonovanSupreme Court of Connecticut · 1931
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