190 Iowa 1194 | Iowa | 1921
— The record in this case rests upon the pleadings. It appears therefrom that the appellee was the owner of a certain tract of land located in the city of Des Moines, and sold the same on written contract to the appellant Raymond. This action was brought to declare a forfeiture of the said contract because of nonpayment of the purchase price. The purchaser, Raymond, was made a party defendant, and also the appellant Altomari. The latter appeared in said action, and filed a cross-petition, alleging that, at the time of the sale of the real estate in question by the appellee to Raymond, there was outstanding a mortgage on said premises held by one McCauley, which mortgage had been afterwards foreclosed; and that said premises had gone to sheriff’s deed in said foreclosure proceeding, and that the said appellant Altomari was the owner of said sheriff’s deed. It was further pleaded that, in said foreclosure proceeding, the appellee, Garretson, was not made a party, and that, by reason thereof, her interest in said premises was not foreclosed; and said defendant prayed by cross-bill that he might be subrogated to the rights, and interests of Raymond in said premises and to all the rights of the said McCauley as the holder of the note and mortgage that had been foreclosed. McCauley was not made a party. Appellant Raymond, by answer, admitted the execution of the mortgage and default thereon. The contract between the appellant and Raymond provided that the McCauley mortgage was to be deducted from the purchase price, as paid off by the purchaser.
The record before us is A^ery faulty, both as to the entry of judgment and the taking of the appeal. It is by sufferance, rather than of necessity under our rules, that we entertain this appeal. Appellee has not seen fit to challenge our jurisdiction of the case. We have examined the record with care, and find nothing therein of which the appellants can justly complain.
As argued, appellants undoubtedly had the right to discharge their attorneys and employ other counsel to appear for them before the decree was finally entered. It is also well settled by our holdings that judgment forms signed by the judge are only directions for judgment, and are not binding as final judgments until duly entered of record. In this case, however, the parties had been before the court for trial, and with consent of the court, and with perfect good faith, counsel had agreed upon the form, terms, and conditions of a decree, which had been fully approved and signed by the trial judge. True, it was not then a final decree. Subsequently, the appellants, through new counsel, by motion asked a withholding of said decree and
The ruling of the lower court is in all respects — Affirmed.