77 Iowa 450 | Iowa | 1889
Defendants were the owners of certain real estate in Oskaloosa, known as the “ Downing House Property,” and leased it to one Kelly. He sublet a portion of it to others. On the fifteenth day of July, 1887, a clerk of the subtenants was convicted'
Judgments of the supreme and district court are liens upon real estate of the judgment debtor in certain cases. Code, sec. 2882. No personal judgment against the property-owner for the fine and costs adjudged against the violator of the law is authorized in proceedings of this character. Their purpose is to ascertain if the premises in which the law was violated are liable for the payment of the judgment rendered on account of the violation. Polk County v. Hierb, 37 Iowa, 366. In that case it was held that, before such property can be taken for the payment of a judgment of the nature of that in question, its liability must be duly established in a proceeding to which the owner is a party. But the property cannot be said to be liable for the payment of the judgment, unless it can be levied upon and sold to satisfy it. Execution can issue in this cause only to
III. In view of the conclusion we reach as to the merits of the case, the alleged errors of which appellant complains are wholly immaterial, and need not be further considered. Since the judgment of the district court is the only one which could have been rendered under the admitted facts of the case, it is
Affirmed.