Parsons v. Hoyt
Supreme Court of Iowa
Appeal from Fremont District Court. Purchase money lien : proof of fraud : lis pendens, etc.— The plaintiff was a judgment creditor of one W. Hoyt, Sr., and, in 1860, purchased at sheriff’s sale upon a fi. fa., issued on his judgment, all of the interest of Hoyt, Sr., in the 160 acres of land in controversy. In January, 1861, plaintiff obtained his deed for the property, from the sheriff.
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Appeal from Fremont District Court. Purchase money lien : proof of fraud : lis pendens, etc.— The plaintiff was a judgment creditor of one W. Hoyt, Sr., and, in 1860, purchased at sheriff’s sale upon a fi. fa., issued on his judgment, all of the interest of Hoyt, Sr., in the 160 acres of land in controversy. In January, 1861, plaintiff obtained his deed for the property, from the sheriff. In May, 1861, the same property was, under a trust-deed, executed by one Nelson Hoyt, to secure the purchase money, sold to the defendant, W. Hoyt, Jr., for $237, and Hoyt, Jr., obtained Ms deed therefor…
1Opinion of the Court
Dillon, Ch. J.
1. mobtoagemoneyTjuagment. The land in question was swamp land. It was pre-empted by Hoyt, Sr. While Hoyt, Sr., Hms plaintiff’s judgment against him was rendered and duly filed in the proper county. After this, Hoyt, Sr., assigned his certificate of pre-emption to his son Nelson, one of the defendants, who presented it to the county judge, who is not shown to have had any actual knowledge of the plaintiff’s judgment; the county judge made the said Nelson a deed for the land, and received a trust deed to secure the purchase-money. It was under this trust deed that the land was…
2Cases cited1 opinion
- Cooley v. BraytonSupreme Court of Iowa · 1864
3Cited by5 opinions
- Brothers v. DurbonSupreme Court of Iowa · 1876
- Thomas v. HansonSupreme Court of Iowa · 1876
- Sprague v. WhiteSupreme Court of Iowa · 1887
- Noyes v. CrawfordSupreme Court of Iowa · 1902
- Gilman v. DingemanSupreme Court of Iowa · 1878