Patterson v. Linder
Supreme Court of Iowa
Appeal from Johnson District Court. In February, 1857, complainants owned tbe premises in dispute, and sold tbe same to one Yogt. One-tbird of tbe purchase money was paid at the time, and a bond given for a deed upon the payment of the balance -in two» installments. The first installment was met, and-in May/1859, complainants obtained a judgment at law for the; amount due on the last note.
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Appeal from Johnson District Court. In February, 1857, complainants owned tbe premises in dispute, and sold tbe same to one Yogt. One-tbird of tbe purchase money was paid at the time, and a bond given for a deed upon the payment of the balance -in two» installments. The first installment was met, and-in May/1859, complainants obtained a judgment at law for the; amount due on the last note. Upon an execution issued on'this judgment, the premises were sold to complainants in April, 1860. They obtained their Sheriff’s deed in April, 1861. Vogt never'had a deed from Pattersons, they-remaining the…
1Opinion of the CourtWeight, J.
The decree appealed from provided that appellant should, within thirty days from its rendition^ redeem from complainants, and in default thereof that his equity be barred and foreclosed, and that the bond for a deed given by complainants to Vogt, then be declared canceled.
To the whole proceedings the appellant urges many objections which are briefly noticed. Their general argument may be stated thus: While complainants might, by bill to enforce their vendor’s lien, have brought in all the lien holders and had their several equities settled, and in such a proceeding obtained a priority over…
2Cases cited4 opinions
- Christie v. BishopNew York Court of Chancery · 1845
- Wahl v. PhillipsSupreme Court of Iowa · 1861
- Horseman v. TodhunterSupreme Court of Iowa · 1861
- Hadley v. ChapinNew York Court of Chancery · 1844
3Cited by5 opinions
- Larson v. MetcalfSupreme Court of Iowa · 1926
- Stein v. McAuleySupreme Court of Iowa · 1910
- Schuling v. TilleyCourt of Appeals of Iowa · 1990
- Delavan v. PrattSupreme Court of Iowa · 1865
- Bain v. UllerichSupreme Court of Iowa · 1920