| Iowa | Jan 27, 1891
The facts admitted by the pleadings which are material to a determination of this case are substantially as follows: One James J. Gordon was the owner of the eighty-acre tract of land in controversy from the eighth day of March, 1884, until the fifteenth day of 'November, 1886. On the date first named he executed a mortgage on the land in favor of the ¿Etna Life Insurance Company, to secure the sum of six hundred dollars. On the seventeenth day of the same month he executed a second mortgage to the defendant Punk, to secure the sum of two hundred dollars. On the fifteenth day of November,. 1886, he conveyed one forty-acre tract of the land to his wife, and on the third day of February, 1888, he conveyed to her the remainder. The mortgage to the ¿Etna Life Insurance Company was foreclosed in April, 1887, the defendant Punk being made a party to the foreclosure proceedings ; and on the twentieth day of June, 1887, all the land was sold to the ¿Etna Life Insurance Company to satisfy the judgment of foreclosure. On the twelfth day of May, 1888, Mrs. Gordon and her husband conveyed the land to plaintiff, and on the eighteenth day of the next June he redeemed the land from the foreclosure
In Crosby v. Lodge, 16 Iowa, 400, it was held that real estate sold in partial satisfaction of a judgment lien thereon was subject to a second sale to satisfy the remainder due on the judgment, after redemption from •the first sale by a purchaser of the interest of the judgment debtor. It was said that, “if the debtor or his .grantee redeem land which had been sold in part satisfaction of a subsisting judgment, the property at once becomes liable to satisfy the unpaid balance of the •execution from the moment of such redemption.” That decision, so far as it was applicable to redemptions made by the grantee of a judgment debtor, was in effect •overruled by subsequent decisions. Clayton v. Ellis, 50 Iowa, 590" court="Iowa" date_filed="1879-04-23" href="https://app.midpage.ai/document/clayton-v-ellis-7098298?utm_source=webapp" opinion_id="7098298">50 Iowa, 590, and cases therein cited. There is not entire harmony in the language of some of the cases in regard to the rights of junior lienholders, and the effect of redemptions, and both parties to this appeal rely with much apparent confidence upon decisions of this court as supporting their respective claims. But it will be found that the conflict is chiefly between statements in the nature of dicta, rather than between the decisions on questions actually involved. Thus, in Clayton v. Ellis, supra, it was said that “ the better rule is that the lien ■of the judgment as to the unsatisfied balance on the real ¿estate sold is as to all persons and in all cases divested by the sale;” but the question actually involved and •determined was “whether the holder of an unsatisfied balance of a judgment can redeem from an execution sale made under the same judgment,” and it was answered in the negative. That decision was approved in Haydon v. Smith, 58 Iowa, 287" court="Iowa" date_filed="1882-04-22" href="https://app.midpage.ai/document/dickey-v-county-of-polk-7099898?utm_source=webapp" opinion_id="7099898">58 Iowa, 287; Todd v. Davey, 60 Iowa, 534.
The judgment of the district courtis afdiumed.