94 Iowa 665 | Iowa | 1895
I. May 19, 1885, one Dilehay recovered a judgment against Samuel Dalton. May 27, 1885, one Webb obtained a judgment against Dalton. August 6, 1885, Dalton obtained title to the southeast quarter of section 4, in township 70, range 42 west of the fifth P. M. December 12, 1891, Webb caused an execution to issue upon his judgment, and sold the land above described thereunder. Webb assigned his certificate of sale to' plaintiff, who, in January, 1893, obtained a sheriff’s deed- to said land. After the levy of the execution on the Webb judgment, and on August, 9,1892, Dilehay caused an execution to be issued on his judgment and levied upon said real estate, and the same was sold thereunder, and a certificate of sale
II. Dilehay recovered a judgment’ against Dalton. Thereafter plaintiff’s assignor recovered a judgment against Dalton. Several months after the reoovery of both of said judgments;, Dalton becaime the owner of forty acres of land subject to execution. Plaintiff’s assignor caused an execution to issue on his judgment, and levied upon and sold said land. Some time afterwards Dilehay caused an .execution to; issue on his judgment, and .sold the same land. Plaintiff’s contention is. that his assignor acquired a lien upon the land prior to Dilehay, by reason of the fact that his assignor’s levy' upon the land was prior in point of time to the levy made under the execution issued on the Dilehay judgment. We have held that when judgments in favor of different parties, and against the same defendant, are recovered on the same day, that the judgment creditor first issuing execution and levying upon the debtor’s property acquires a prior lien thereon. Cook v. Dillon, 9 Iowa, 407; Wilson v. Baker, 52 Iowa, 423; Lippencott v. Wilson, 40 Iowa, 425. And it has
Having so recently considered this question, we need not -further discuss it. While a re-hearing has been granted in the Ware Case, it is as to points other than the one now under consideration. That case is decisive of the question here presented. The court below erred in overruling the demurrer. — Reversed.