120 Iowa 593 | Iowa | 1903
On November 9, 1889, the defendant Mc-Oormick Harvesting Machine Company obtained judgment against Peter McOormick. Catherine McOormick, mother of Peter and of four other children, who were her sole and only heirs, died intestate in January of the year 1900 seised of two hundred and fifty acres of land in Sac county, Iowa. One Anton Benzkofer rented the said land for the year 1900 from the administrator of Catherine McCormick’s estate. On August 16, 1900, the McOormick Harvesting Machine Company sued out an execution on its judgment, .which was levied on the interest of Peter McCorm-ick, heir at law of Catherine McOormick, deceased, in and to the S. W. ¿ of section 24 and the E. \ of the S. E. \ of section 28 in township 86, range 36, Sac county, Iowa. This interest was sold at sheriff’s sale October 23, 1900; the plaintiff in execution, who is one of the defendants herein, being the purchaser. Under date of March 26, 1900, Peter McOormick (his wife joining therein) executed a warranty deed for his one-fifth interest in said lands to the plaintiff herein; but this deed was not filed for record until February 21, 1901. The McOormick Harvesting Machine Company had neither actual nor constructive notice of this •.deed at the time it purchased the land at sheriff’s sale, •.unless it be found to have obtained it by and through the •possession of Benzkofer. Appellees contend that this ■deed was without consideration, fraudulent, and void, in that it was made with intent to hinder, delay, and defraud Peter McCormick’s creditors. They also say that they
Plaintiff contends, however, that her husband gave notice to Benzkofer that she (plaintiff) had purchased ■ Peter McCormick’s interest in the land, long before the
II. Referring now to the sufficiency of the description-under which the land was levied upon and sold: In such cases the description need not be as accurate as where
We have no occasion to consider the bona lides of the conveyance from Peter McCormick to the plaintiff, as, for reasons already stated, she is not entitled- to recover, even if we conceded that the conveyance was a valid one.
The decree is correct, and it is affirmed.