139 Iowa 437 | Iowa | 1908
The parties designated herein as appel-lees obtained judgments against John Helming in the district court of Allamakee county prior to the 1st day of December, 1891; the precise date of the several judgments being of no consequence. In 1903 the mother of John Helming died owning real estate, one-eighth of which he thereupon inherited. Thereafter the appellees caused executions to be issued on their judgments against John Helming, and the same were levied on his interest in his mother’s estate on the 19th of September, 1904. In October, 1904, certain legatees of Henry Helming, the father of John Helm-ing, brought a suit to enjoin sales under these executions, alleging that John Helming inherited nothing from his mother, who had survived her husband. John Helming was adjudged a bankrupt in Montana in October, 1904, and in January, 1905, the appellant herein intervened in the equity case then pending in Allamakee county to enjoin the sale of the land to satisfy judgments against John Helming, in which he expressly admitted the existence of the appellees’ judgment against said Helming. Still later the plaintiffs herein brought this action to partition the lands in question, and made the appellant a party defendant. He answered, claiming his right to the interest of John Helming in said land, and asking that it be established in him.
The appellant also contends that-there should be a different distribution of the fund if he is not permitted to have it; but with this he has no concern.
The judgment is affirmed.