81 Iowa 277 | Iowa | 1890
II. It will be observed that the mortgage is prior and paramount to defendant’s judgment, and that plaintiff' has acquired whatever title and interest was held by Nancy Scolby, under the foreclosure and sheriff’s deed. There can be no question as to the validity of her title-to her interest, whatever that may have been. The remainder of the interest in the land, if she does not-hold all of it, is in the estate of her deceased husband, and stands, as to defendant’s judgment, in the same-condition as her interest. If that judgment is not a lien on the land to the extent of her interest, it does not bind the interest of the husband’s estate, whatever that may be.
IV. But in our judgment the preponderance of the evidence supports the view that the money to-purchase the certificate of sale was not the money of Weed, but was the money of Scolby, and the transaction was in good faith, and not to defeat defendant’s judgment. Weed could not raise the money to redeem from the sheriff’s sale. His wife’s father purchased the certificate with his own money. The relations existing between Weed and the Scolbys, and some other circumstances, cast some suspicion on the transaction; but they are not sufficient to overcome the positive, direct and clear testimony of Weed in support of the good faith of the transaction, and to the effect that the purchase of the certificate was made wholly with the money of Scolby.