113 Iowa 658 | Iowa | 1901
Section 3125, of the Code of 1813 is as follows: “The purchaser of real estate at a sale on execution need not place any evidence o-f his purchase on record until twenty (20) days after the expiration o-f the full time of redemption. Up to that time the publicity of the proceedings is constructive notice of the rights of the purchaser.” Plaintiffs were the owners of this land after the expiration of that 20 days, holding under titles, the evidence of which was not properly recorded. If Maloney can succeed here, it is on the ground that, having purchased in good faith and without notice, his equities are superior. There was a manifest fraud on the part of Will E. Seidentopf and his sister in thus selling or pretending to sell something they did not own, and there was evidence offered on the part of plaintiff tending to show at least constructive knowledge of this fraud on the part of both Gesford and Maloney.