89 Iowa 494 | Iowa | 1893
This action was brought to restrain the defendants from selling the northeast quarter of the northeast quarter of section 27, township 86, range 20, west, fifth P. M., in Hardin county, Iowa, under an execution issued out of the office of the clerk of the district of said county on March 21, 1891, on a certain judgment rendered October 10, 1878, against one O. Benbow. An injunction was-issued restraining the sale. The claims of the parties maybe thus briefly stated: The plaintiff claims that the real estate in question was the homestead of O. Benbow; that the. judgment was never a lien upon the land; that there was an agreement between the plaintiff and the defendant, in writing, that the latter, for two hundred and ten dollars, would cancel his judgment; that the plaintiff became the purchaser of the property from O. Benbow prior to the levy of the appellants’ execution thereon.
III. The defendants7 claim of fraud is not established. We are satisfied that the court below properly found that the defendants entered into a contract with the plaintiff to cancel their judgment for two hundred and ten dollars, and that the defendants entered into said arrangement, if not with full knowledge of all the facts, after taking ample time to fully acquaint themselves therewith, and that no fraud was practiced upon them by the plaintiff. In any view of the case, the plaintiff was entitled to a decree.
The judgment below must be affirmed.