People's Saving Bank v. McCarthy
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Charles A. Bishop, Judge. The facts, in so far as material, are that E. S. and Alberta Aborn were owners of lots 11 and 12 in block 20 of the original town of Ft. Des Moines for many years prior to May 12, 1899, when they conveyed them to defendants. May 11, 1898, Ella Wagner recovered a judgment against the Aborns for $88.54 and costs, which was subsequently assigned to the plaintiff.
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Appeal from Polk District Court. — Hon. Charles A. Bishop, Judge. The facts, in so far as material, are that E. S. and Alberta Aborn were owners of lots 11 and 12 in block 20 of the original town of Ft. Des Moines for many years prior to May 12, 1899, when they conveyed them to defendants. May 11, 1898, Ella Wagner recovered a judgment against the Aborns for $88.54 and costs, which was subsequently assigned to the plaintiff. On the next day, May 12, 1898, the premises were sold under a general execution issued on a judment against them and in favor of Marshall Field & Co. April 12, 1899, the…
1Opinion of the CourtLadd, J.
A judgment becomes a lien on any present' interest of the judgment defendant in real estate owned by him as soon as entered of record. Code, section 3801: Taylor v. Taylor, 118 Iowa, 407. One of plaintiff’s judgments attached the day before the sheriff’s sale under Marshall Field & Co.’s judgment, and the other eleven months thereafter. Curtis v. Millard, 14 Iowa, 128; Barnes v. Cavanagh, 53 Iowa, 27. Redemption from this sale was made by the defendants precisely one year thereafter, and on the very day they acquired the property by conveyance from the Aborns. The effect thereof was to…
2Cases cited17 opinions
- Taylor v. TaylorSupreme Court of Iowa · 1902
- Moody v. FunkSupreme Court of Iowa · 1891
- Clayton v. EllisSupreme Court of Iowa · 1879
- Curtis v. Millard & Co.Supreme Court of Iowa · 1862
- Todd v. DaveySupreme Court of Iowa · 1883
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3Cited by4 opinions
- Cooper v. MaurerSupreme Court of Iowa · 1904
- Stiles v. BaileySupreme Court of Iowa · 1928
- Paulsen v. JensenSupreme Court of Iowa · 1929
- Davis v. DavisSupreme Court of Iowa · 1918