Massie v. Wilson
Supreme Court of Iowa
Appeal from Dubuque District Court. On tbe 15tb day of December, 1855, tbe above named defendant, Robert Wilson, obtained a judgment against one M. Mobley. Afterwards, viz., on the 15th day of May, 1858,. Mobley executed to the plaintiff, Massie, a mortgage on certain real estate in the city and county of Dubuque, on wbicb the judgment of Wilson.was a lien.
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Appeal from Dubuque District Court. On tbe 15tb day of December, 1855, tbe above named defendant, Robert Wilson, obtained a judgment against one M. Mobley. Afterwards, viz., on the 15th day of May, 1858,. Mobley executed to the plaintiff, Massie, a mortgage on certain real estate in the city and county of Dubuque, on wbicb the judgment of Wilson.was a lien. In 1860, Wilson issued execution on the' unsatisfied portion of his judgment, and caused the same to be levied on the property embraced in the plaintiff’s mortgage, together with a large amount of other property, and had the same…
1Opinion of the CourtDillon, J.
It is well settled, and that too upon the plainest principles of equity and reason, that a judgment creditor cannot enforce his judgment against the land of a subsequent purchaser from his debtor, so long as there is *393other laud of the debtor remaining unsold, sufficient to satisfy the judgment.
If, at the time execution issues, there is real estate subject to the judgment, which is still owned by the debtor or his heirs, this is, in equity, first chargeable with the burden of the payment of the judgment.
If the judgment creditor attempts to enforce his judgment by levying it upon the land which…
2Cases cited11 opinions
- Stevens v. CooperNew York Court of Chancery · 1815
- Union Insurance v. Van RensselaerNew York Court of Chancery · 1833
- James v. HubbardNew York Court of Chancery · 1828
- Clowes v. DickensonNew York Court of Chancery · 1821
- Gill v. LyonNew York Court of Chancery · 1815
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3Cited by5 opinions
- Knowles v. RablinSupreme Court of Iowa · 1865
- Iowa Title & Loan Co. v. Clark Bros.Supreme Court of Iowa · 1931
- Witt v. RiceSupreme Court of Iowa · 1894
- Council Bluffs Investment Co. v. KaySupreme Court of Iowa · 1934
- Mickley v. TomlinsonSupreme Court of Iowa · 1889