Colyar v. Pettit
| Decision Date | 20 March 1884 |
| Citation | 18 N.W. 694,63 Iowa 97 |
| Parties | COLYAR v. PETTIT ET AL |
| Court | Iowa Supreme Court |
Appeal from Jasper Circuit Court.
THE plaintiff was the owner of certain real estate described in the petition, and executed a mortgage thereon. He afterward conveyed to Hayes, who assumed the payment of the mortgage. Hayes conveyed to the defendant, James Pettit, who also assumed the payment of the mortgage. The mortgage was assigned to Jay Clark, who brought an action thereon to foreclose, and to obtain a personal judgment against the plaintiff, Hayes and James Pettit. The defendant, Ann Pettit was a party to the action, and a personal judgment was obtained against the plaintiff, Hayes and James Pettit. Eighty acres of the land were sold on special execution, but a portion of the judgment remained unsatisfied. The remaining forty acres were the defendants' homestead, and it was offered for sale to satisfy the unsatisfied portion of the judgment, but, there being no bidders, the sheriff "released and discharged the same from his levy, and returned the execution partially satisfied." The defendants conveyed the homestead forty acres to Jay Clark and he conveyed the same by warranty deed to the defendant Ann Pettit. Hayes and James Pettit are insolvent, and the plaintiff, having been compelled to pay the unsatisfied portion of said judgment, brought this action to subject the homestead forty to the payment thereof. The circuit court granted the relief asked, and Ann Pettit appeals.
Appeal DISMISSED.
Alanson Clark, for appellant.
A. M Harrah, for appellee.
The amount in controversy is less than one hundred dollars, and, as there is no certificate of the trial judge, counsel for the appellee insists that this court has no jurisdiction of this cause, under Code, § 3173. This is clearly so, unless an interest in real property is involved. The plaintiff seeks to establish a lien on the real estate and to subject it to the payment of a certain sum of money. He does not seek to recover an interest in real estate. All judgments at law, rendered in courts of record, are liens on real estate, but it has never been supposed that the title to, or any interest in, real estate was involved in the action to recover such a judgment.
The only difference between actions of that character and this is, that here the lien is sought to be established in equity. This question was considered...
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