121 Iowa 376 | Iowa | 1903
The record is somewhat confused as to the manner in which this case was disposed of by the trial court. The petition was amended several times, and was demurred to in its amended as well as original form, and the abstract states that the demurrer was sustained. But it is also averred that there was a trial to the court, testimony introduced, and, after both parties had rested, a decree was entered which recites a hearing and trial upon evidence, and adjudges plaintiff not entitled to the relief demanded. It is, perhaps^ not very material whether we treat the final judgment as entered upon the trial of an issue of fact or upon the demurrer, but we are disposed to regard the recitals of the decree as conclusive, and treat
We regard it as a well-settled proposition under the decisions of this court that, where several persons hold claims which are liens upon the same land, equity will not permit one of the, lienholders to absorb the common fund by purchasing the land at tax sale. In Fair v. Brown, 40 Iowa, 209, the plaintiff was the holder of a
' The judgment below is reversed, and cause remanded fur further proceedings in harmony > with this opinion.— REVERSED.