Lippencott v. Wilson
Supreme Court of Iowa
Appeal from Winneshiek District Gov/rt. This is an action in equity to subject tbe equitable interest of tbe defendant, S. 0. Wilson, in certain real estate, the legal title of which is in tbe defendant, Benjamin Austin, to tbe lien of a judgment recovered by plaintiffs against said Wilson.
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Appeal from Winneshiek District Gov/rt. This is an action in equity to subject tbe equitable interest of tbe defendant, S. 0. Wilson, in certain real estate, the legal title of which is in tbe defendant, Benjamin Austin, to tbe lien of a judgment recovered by plaintiffs against said Wilson. Tbe petition alleges that on tbe 20th of February, 1873, the defendants, tbe Ellisons, recovered judgments against tbe sai'd S.0. Wilson, and that on the 20th of February, 1873, they caused general executions to issue on their judgments, and that at the sheriff’s sale had thereunder they bought the…
1Opinion of the CourtDay, J.
Plaintiffs claim that they are entitled to the rewards of superior diligence because of the commencement of an action in equity, to subject the equitable interest of S. O. Wilson in the property in controversy, to their judgment; whilst the defendants insist that they are entitled to preference because of their execution, levy and purchase.
• In this state a judgment is a lien upon the equitable interest 1., . lien-of a debtor in real estate. Harrison v. Kramer et al., 3 Iowa, 543; Cook & Sargent v. Dillon et al., 9 Iowa, 407.
It has also been held that, “ As between judgment creditors whose…
2Cases cited3 opinions
- Harrison v. KramerSupreme Court of Iowa · 1856
- Bridgman & Co. v. McKissickSupreme Court of Iowa · 1863
- Cook & Sargent v. DillonSupreme Court of Iowa · 1859
3Cited by14 opinions
- Elston v. CastorIndiana Supreme Court · 1885
- Hulbert v. . HulbertNew York Court of Appeals · 1916
- Hook v. Northwest Thresher Co.Supreme Court of Minnesota · 1904
- Howland v. KnoxSupreme Court of Iowa · 1882
- Sawtelle v. WeymouthWashington Supreme Court · 1896
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