14 Iowa 485 | Iowa | 1863
As it does not appear that the tenant was in arrear for rent at the time he sold the property to the plaintiff, the writer of this opinion, adhering to the view expressed in Grant v. Whitwell, Marsh & Talbott, 9 Iowa, 152, would, upon this ground, affirm the judgment of the court below; but without committing the other members of the court to this position, I am instructed to affirm the judgment upon the ground that the landlord had no right to effect, or .carry out, or enforce his lien upon this property after its purchase by the plaintiff, under the circumstances stated.
It does not appear that the property was purchased upon the demised premises. .It is not pretended that it was removed therefrom by fraud, nor that there was any fraudulent purpose in making the sale or purchase. Indeed, all fraud is expressly rebutted in the admission (contained in the agreed statement of facts), that plaintiff purchased bona fide, and for a valuable consideration. Under these facts, it seemed to- us that common reason would dictate that the purchaser took the property, freed from the supposed lien. As is suggested'in Grant v. Whitwell, Marsh & Talbott, supra, the lien of the statute must be given such flexibility as shall fit' it for the purpose designed. And hence the
Affirmed.