137 Iowa 76 | Iowa | 1908
C. O. Howard at one time owned the property in controversy upon which defendant Kelly had a mechanic’s lien for labor performed thereon. Howard sold the property to Gustave and William Doehler, taking a mortgage of $4,000 thereon to secure that much of the purchase price. The Doehlers became bankrupt, and action is now pending to foreclose the mortgage. Kelly foreclosed his mechanic’s lien, making C. O. Howard and the Doehlers parties defendant to the action, and secured judgment and decree in the year 1904. In August of the year 1904 the property was sold at execution sale under the foreclosure decree, and a certificate of purchase was issued to Kelly, who placed the same for safe-keeping in the hands of his attorney, one J. P. Conway, Esq. Howard died intestate • in
The decree of the district court is right, and it is affirmed.