83 Iowa 705 | Iowa | 1891
The pasturage and crops in controversy grew on land which is owned by the plaintiff. He obtained the title as follows: In March, 1882, H. P. Chapman, then the owner of the land, executed a mortgage thereon to one Emma Chase, which was duly recorded on the first day of April of that year. That mortgage was foreclosed by a decree which was rendered on the fifteenth day of February, 1887. On the twelfth day of the next September the land was sold to the plaintiff under the decree of foreclosure, and on the fifteenth day of September, 1888, a sheriff’s deed therefor was executed and delivered to the plaintiff, and duly recorded. The defendant took possession of the premises in March, 1888, under a lease made to him by Susan E. Daniels. She claimed title from Chapman •through the foreclosure of a mortgage given by him on •the first day of March, 1884. That mortgage was
The case of Stanbrough v. Daniels was commenced in October, 1887. On the first day of the next month' an amendment to the petition making Susan E. Daniels a party defendant was filed. The relief asked was the foreclosure of the .lien of the plaintiff represented by the sheriff’s certificate of sale held by him, and the fixing of a time, as against all the defendants, not extending beyond September 12, 1888, within which redemption from the sheriff’s sale should be made; and, if redemption was not made within the time fixed, then that the defendants be forever estopped from claiming any interest in the premises in controversy. The demand for relief was based upon a sufficient statement of facts in the1 petition as amended, and from the time the amendment was filed all parties interested in the premises had constructive, if not actual, notice of the title theretó of the plaintiff and of Susan E. Daniels. The last-named person was adjudged in default for want of an appearance on the twentieth day of March, 1888, and on the same day the court found against all of the defendants, and in favor of the plaintiff, adjudging his lien as represented by his certificate of sale to
YI. In our consideration of this case we have necessarily treated the rights of the parties as fixed by the decree of March 20, 1889, in favor of the plaintiff; and against Susan E. Daniels, as that does not appear to have been vacated or modified. The judgment of the district court will be reversed, but without .prejudice to the right of the defendant to show, if he can, that the decree named is no longer of validity as against him. Reversed.