19 Iowa 103 | Iowa | 1865
The redemption by Horn had the effect to relieve the mortgaged property from the execution sale, but it did not invest Horn with the title to it nor divest it of the mortgage lien. Horn evidently did not intend to acquire the title, nor to defeat the mortgage incumbrance, but to protect and secure the latter. The taking of the blank assignment of the certificate of sale was simply done to effectuate this purpose. No title has ever been made under that certificate ; nor indeed could there properly be, since Horn redeemed from the sale but did not purchase the certificate.
If Horn acquired no title then, how could the judgment lien of Phelps, Bliss & Co. attach to the property so as to hold it as against the mortgage executed by the holder of the legal title. Phelps, Bliss & Co., as judgment creditors of Horn, must claim under him, and can therefore only succeed to the rights which he has. It would hardly be contended that, as against Manning, Horn could assert his title to the property and defeat the mortgage lien, which he had assigned, and which by his acts he sought and intended to protect.
Reversed.