Sweezy v. Jones
Supreme Court of Iowa
Appeal from Clay District Gourt. Action in. equity to establish a judgment lien upon certain land in Clay county. The plaintiff' showed in his petition that he holds two judgments, rendered in the circuit court of Clay county, against the defendant, Edward Jones; that Jones, after the rendition of the judgments, was the owner of an interest in the land in question, such interest having been derived from the state of Iowa by reason of a-contract with the trustees of the…
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Appeal from Clay District Gourt. Action in. equity to establish a judgment lien upon certain land in Clay county. The plaintiff' showed in his petition that he holds two judgments, rendered in the circuit court of Clay county, against the defendant, Edward Jones; that Jones, after the rendition of the judgments, was the owner of an interest in the land in question, such interest having been derived from the state of Iowa by reason of a-contract with the trustees of the agricultural college, whereby they leased to him the land for the term of ten years, commencing November 13, 1874, with the…
1Opinion of the CourtAdams, J.
The plaintiff insists that Jones had two distinct interests in the land upon which his judgments attached as liens, to-wit, his interest as lessee, and his interest existing by reason of the option given him to purchase. For the purpose of the opinion, it may be conceded that his judgments were liens upon the leasehold interest. But we are not able to see how, if this is so, he needed the aid of a court of equity. "Where a judgment operates as a lien upon a leasehold interest, all the creditor needs to do is to sell the same upon execution. That such interest may be thus sold was held in…
2Cases cited1 opinion
- First Nat. Bank of Davenport v. BennettSupreme Court of Iowa · 1875
3Cited by13 opinions
- Sheehy v. ScottSupreme Court of Iowa · 1905
- Myers v. J. J. Stone & SonSupreme Court of Iowa · 1905
- Durfee House Furnishing Co. v. Great Atlantic & Pacific Tea Co.Supreme Court of Vermont · 1927
- Gautier v. LapofSupreme Court of Florida · 1956
- State v. CrumNorth Dakota Supreme Court · 1940
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