52 Iowa 704 | Iowa | 1879
When Hugh Barr sold and conveyed the land in controversy to Hallett, the Purdy judgment was regarded by the parties as part of the purchase money, and by the acceptance of the deed there was an express undertaking upon the part of Hallett, that he would pay the judgment. The same may be said of the deed from Hallett to Brooks. It is true the judgment is not so explicitly described, but it is sufficiently referred to to indicate that there is a judgment, which was rendered upon the loth day of December, 1866. The fact that there appears to be a mistake in the name of Purdy, and the the name Ban is used instead, is, we think, a matter of no consequence. It Joes not appear that there ivas any other judgment of that date which was a lien upon the land, and an examination of the records, for the true consideration of the title ívould necessarily disclose to the examiner that the Purdy judgment was intended. That Brooks understood what judgment was intended is evident from the fact that while he was the owner of
The plaintiff is entitled to a decree subjecting the land to the payment of the amount paid by him upon tbe judgment, and interest thereon at six per cent from the time such payment was made, and to this amount should be added $126.49 paid by the plaintiff in redemption of the land from a tax sale, and interest at six per cent thereon from September 3d, 1875, tbe time at which said redemption was made. The defendant purchased the land at tax sale, and was the holder of the certificate of purchase, and the money paid in redemption was paid directly to his use. The cause will be reversed' and remanded for. a decree in the court below in accord with this opinion, or a decree will be entered in this court at the option of tbe appellant.
Reversed.