137 Iowa 284 | Iowa | 1908
The property, in question consists of two lots in the town of Mkpleton, Monona county, and the same were purchased by plaintiff in June, 1904. By error the name of Claude Moore, husband of plaintiff, was inserted in the deed as grantee, and the instrument was so executed, delivered, .and placed of record. The error was one of inadvertence, and solely that of the grantor,'who directed the scrivener to thus prepare the instrument, although he knew that the purchase was made and the consideration paid by plaintiff. The error came to the knowledge of Claude Moore within a few days after the recording of the deed, but at the time he said nothing on the subject to plaintiff, and she did not know of such error until several months later, nor until after she and her husband had executed a mortgage to one Whiting on the property. She then requested. of her husband a conveyance; but it seems that, on consideration of the subject, they concluded that this could not be done while the mortgage to Whiting remained on the property. Thereafter John Rawlings purchased a note outstanding against said Claude Moore, which note bore date and had become dishonored long prior to the purchase by plaintiff of the real estate in question; and, having reduced the same to judgment, caused an execution to issue and be levied upon said lots. It was to enjoin sale under such levy that this action was brought. The defendant in answer alleges that in virtue of the facts disclosed by the deed record, and the fact that Claude Moore was in possession of the lots, the said John
The decree was rightly entered; and it is affirmed.