53 Iowa 367 | Iowa | 1880
IY. It is claimed, however, that the deed should not be set aside because of the delay in bringing the action for* that purpose. Mere delay, not extending to the time prescribed in the statute of limitations, would not- affect the plaintiff’s rights as to Catharine McManus. All of the notes, on which the judgments were recovered under which the defendant claims the land, were executed before the conveyance to Catharine McManus. Credit was not extended upon the faith of the property in controversy.
that this interest passed by assignment to the defendant; and •further, the claim seems to be made that the defendant may have acquired a greater right through the assignment than the original holders of the judgments possessed. The judgments operated as a lien only upon the lands actually owned by the judgment defendant. It can not be doubted that at any time before purchase of the property at sheriff’s sale the plaintiff, might have asserted her rights in the property ’as against the judgment plaintiffs. See Parker v. Pierce, 16 Iowa, 227; Blaney v. Hanks, 14 Id., 400; Thomas v. Kennedy, 24 Id., 397. The assignee of a judgment, as to a lien on property for the satisfaction of the judgment, can occupy no better position than that of the assignor.
Upon both appeals the judgment is
Affirmed.