Bird v. Adams
Supreme Court of Iowa
Appeal from the Superior Court of Cedar Rapids. In November, 1877, the defendants, Adams and McDaniel, •recovered a judgment in the court below against one James Bird. On the 30th of July, 1878, a transcript of said judgment was filed in the office of the clerk of the Circuit Court of Linn county, execution was issued thereon and a levy was made upon certain real estate in the city of Cedar Rapids. Thereupon the plaintiff, Wm.
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Appeal from the Superior Court of Cedar Rapids. In November, 1877, the defendants, Adams and McDaniel, •recovered a judgment in the court below against one James Bird. On the 30th of July, 1878, a transcript of said judgment was filed in the office of the clerk of the Circuit Court of Linn county, execution was issued thereon and a levy was made upon certain real estate in the city of Cedar Rapids. Thereupon the plaintiff, Wm. M. Bird, commenced this action in equity to enjoin the sale of said property, claiming that he was the absolute owner thereof, and that the same is not liable to…
1Opinion of the CourtRothbock, J.
í deed • date e^delmeto1: impeach. The defendants by their answer base their right to subject’the land to the payment of the judgment upon ^he allege fact that the deed was actually ex-ecuted after the judgment became a lien, but was ¿ated back to a time before the judgment was rendered. The deed was not filed for record until October, ,1878.
The plaintiff introduced in evidence a deed from James Bird, dated September 25, 1877, and acknowledged the same day, which conveyed the pi'operty to the plaintiff. It cannot be denied, in view of the evidence in the case, under the issues, that the deed,…
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