Evans v. McGlasson
Supreme Court of Iowa
Appeal from Monroe District Court. On the 28th day of May, 1859, one John C. Evans conveyed to the complainant the land in controversy, but the deed was not recorded until September 31st, 1862. After the execution of the conveyance, and prior to its being recorded, the defendant’s intestate obtained judgment against John C. Evans, issued execution thereon, and the defendant became the purchaser (whether as administrator or in his individual capacity, is a matter of dispute…
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Appeal from Monroe District Court. On the 28th day of May, 1859, one John C. Evans conveyed to the complainant the land in controversy, but the deed was not recorded until September 31st, 1862. After the execution of the conveyance, and prior to its being recorded, the defendant’s intestate obtained judgment against John C. Evans, issued execution thereon, and the defendant became the purchaser (whether as administrator or in his individual capacity, is a matter of dispute among counsel) at the sheriff’s sale, and received the usual sheriff’s certificate. The purchase was made without notice,…
1Opinion of the CourtDillon, J.
1. Lien: priority: unrecorded deed. 2. - sale under subsequent judgment. 3. — purchase by creditor. It is settled in this State that the grantee of an unrecorded deed or mortgage has priority over a subsequent judgment creditor of the grantor, Norton v. Williams, 9 Iowa, 529; Bell v. Evans, 10 Id., 353; Seevers v. Delashmutt, 11 Id., 174; Welton v. Tizzard, 15 Id., 495, 497; Hayes v. Thode, ante. If there is a sale under the judgment to a third person, for value paid, and without notice, it is clear that the rights of such a purchaser are jugt ag geoure as jf be Dad. purchased in the usual…
2Cases cited1 opinion
- Vannice v. Greene, Traer & Co.Supreme Court of Iowa · 1864
3Cited by10 opinions
- Rooker v. RookerIndiana Supreme Court · 1881
- Gower v. DoheneySupreme Court of Iowa · 1871
- Koch v. WestSupreme Court of Iowa · 1902
- Cooley v. WilsonSupreme Court of Iowa · 1876
- Ettenheimer v. NorthgravesSupreme Court of Iowa · 1888
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