Holtzinger v. Edwards
| Decision Date | 11 June 1879 |
| Citation | 1 N.W. 600,51 Iowa 383 |
| Parties | HOLTZINGER ET AL v. EDWARDS |
| Court | Iowa Supreme Court |
Appeal from Fremont District Court.
THE plaintiffs claiming to have certain mechanics' liens against real estate owned by the defendant procured judgments thereon in the District Court of the county in which the property was situate. Executions were issued and the real estate sold, the plaintiffs being the purchasers. The effect of such sale was to satisfy the judgments. This action is brought to set aside the sale and satisfaction. The District Court refused the relief asked, and plaintiffs appeal.
AFFIRMED.
Dalbey & Holmes, for appellants.
Robert Percival, for appellee.
The rule is that purchasers at execution sales must take care and see to it the debtor has a title or interest in the property sold. Dean v. Morris, 4 G. Greene, 312; Downard v. Crenshaw, 49 Iowa 296. If there has been no negligence in this respect, and the debtor had neither title nor interest, relief has been granted in equity. Ritter v. Henshaw, 7 Iowa 97, and cases cited. It is provided by statute that the sale may be set aside "where the judgment on which the execution issued was not a lien" on the property sold. Code, § 3090.
The facts in the case at bar are that the defendant was the owner of the legal title at the time the judgment was rendered and sale made. The judgments were liens thereon. It is clear, therefore, the case is not brought within the statute.
The appellants, however, insist the rule is that the sale will be set aside when the purchaser does not obtain anything of value, and, in support of this proposition, cite Chambers v. Cochran et al., 18 Iowa 159; Preston v Harrison, 9 Ind. 1; and Cowles, Ex'r, v Bacon, 21 Conn. 451.
These cases only go to the extent of holding that the sale will be set aside if the debtor had no title or interest. The question of the debtor having the legal title or an apparent interest, or whether such interest was probably valuable or otherwise, was not considered. By their purchase the plaintiffs obtained all the right, title and interest of the defendant, including his right of redemption. Defendant had a fee simple title. It is true it had been sold under executions based on judgments which had priority to the plaintiffs'. The property was also incumbered by other liens which were prior to the plaintiffs' as to some of them they had actual...
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