New England Loan & Trust Co. v. Young

• Decision Date: 05 September 1888
• Citation: New England Loan & Trust Co. v. Young, 81 Iowa 732, 39 N.W. 116 (Iowa 1888)
• Court: Iowa Supreme Court
• Parties: NEW ENGLAND LOAN & TRUST CO. v. YOUNG, COUNTY TREASURER.

81 Iowa 732

39 N.W. 116

NEW ENGLAND LOAN & TRUST CO.

v.YOUNG, COUNTY TREASURER.

Supreme Court of Iowa.

September 5, 1888.

Appeal from district court, Union county; JOHN W. HARVEY, Judge.

This is an action in equity by the New England Loan & Trust Company against J. R. Young, to restrain defendant, who is treasurer of Union county, from proceeding to collect certain taxes by the sale of real estate claimed to be owned by plaintiff. There was a decree for defendant, and plaintiff appeals.E. D. Samson, for appellant.

Enoch & Winter, for appellee.

ROTHROCK, J.

The cause was submitted to the court below upon an agreed statement of facts. It involves less than $100, and the certificate of the trial judge, which is the basis of the appeal, shows the following facts in substance. In June, 1886, one W. K. Syp executed to the plaintiff a mortgage upon certain real estate to secure the payment of $10,000 and interest. Syp failed to pay the interest, which became due January 1, 1887, and at the March term, 1887, of the district court, plaintiff recovered a judgment against Syp for the overdue interest and a decree of foreclosure of the mortgage, subject to the rights of plaintiffs' assignee, for the remainder of said indebtedness. The premises were sold at foreclosure sale on the 23d day of April, 1887, the plaintiff being the purchaser at the sale. A certificate of purchase was issued to the plaintiff. On the 10th day of February, 1888, Syp conveyed his right of redemption to said premises. The deed contained the following recitals: “The grantors herein are to be released from personal liability for the payment of the mortgage upon the said premises for the sum of ten thousand dollars, to the grantee herein, dated June 22, 1886. We hereby covenant with the said New England Loan & Trust Company that we have not heretofore conveyed our interest in the said premises to any one. The object of this deed is to make more effectual the lien of said company against the said premises by virtue of the sheriff's certificate of sale which they hold against the same.” Taxes to the amount of $75 upon the personal property of Syp were levied for the year 1887, and were entered upon the tax books against said real estate. The question to be determined is, do the taxes for 1887 upon the personal property of Syp constitute a lien upon the land, which may be enforced by tax sale; and, if so, is such lien superior or inferior to plaintiff's lien under said...