57 Iowa 110 | Iowa | 1881
I. We will first briefly state the chain of title of the respective parties claiming the land in controversy as it appears of record.
One Lenox is the common source of the conflicting titles. He conveyed to Landt, who executed a mortgage to secure the payment of the purchase-money, which was subsequently foreclosed, and the land under the foreclosure was sold to Henckley, who conveyed it by warranty deed, dated March 15, 1877, and recorded August 28, 1877, to plaintiff.
The adverse title set up by defendants is as follows: The.
Other facts relied upon to support the respective adverse" titles of the parties are as follows:
Henckley and three others entered into a contract under which they agreed to acquire lands by gift or purchase, for the purpose of laying out towns along the line of the Chicago, Omaha & St. Joseph Railroad. The land in controversy, it was agu ed, should be within the contract. It had been purchased bv Henckley and the title was held by Landt. Henckley transferred his interest in this contract to plaintiff and subsequently conveyed to her all the lands.
III. Counsel for the respective parties devote considerable time to discussing the effect of the contract above referred to, under which the land was to be held for town purposes. Under the view we take of the case this contract becomes wholly immaterial for the proper determination of the case. If, as de
The sheriff’s sale under which Shaw claims title was made May 18, 1878. On the 14th day of February. 1879, plaintiff deposited with the clerk of the court an amount sufficient to redeem the land from the sale. It will be remembered that the deed was made upon the day of sale, and the right of redemption denied on the ground that defendant Ilenckley had appealed the case wherein judgment was rendered to the Supreme Court.
Plaintiff having made the deposit of money to redeem the laud, cannot set up an equity under the original contract for
The judgment upon which the sale was made was rendered after Henckley acquired the legal title to the lands under the foreclosure. The deed was made after the attachment and recorded after the judgment was rendered in the case, and the redemption was made within nine months after the sale of the lands. Henckley appealed from the judgment, which was affirmed. Under these facts, did plaintiff have the right of redemption? If such right exists it must be planted upon the statute. There is no provision expressly authorizing the vendee of an execution defendant to redeem from a sheriff’s sale. Such right is conferred upon the defendant, judgment creditors, and mortgagees in express language by the statute. Unless by construction of the statute the right of redemption is secured to the vendee of the execution defendant, we will find the astonishing result that the right of redemption is secured to the lien-holder, while it is denied to the vendee of the judgment debtor, the holder of the title. We think, however, that the right of redemption is secured to the vendee of the judgment defendant by a fair interpretation of Code, section 3102; which is in the following language:
“ The defendant may redeem real property at any lime within one year from the day of sale as herein provided, and will in
The last sentence of the section provides that when the defendant has taken an appeal he cannot redeem. The person here referred to and described as the “ defendant,” is the party to the suit, not the vendee of the “ defendant ” for he cannot appeal the. case. The provision, therefore, is intended to take the right of redemption from the defendant who could appeal, and not from his vendee who could not. The law will never impose restriction upon the rights of one man on account of the acts of another. This is surely so when the first is in no manner responsible for the acts of the last. We reach the conclusion that plaintiff as the vendee of Henekley was entitled to redeem, and that the sheriff’s deed made on the day of sale,.being premature, was void. These views find some support in Harvey v. Spalding, 16 Iowa, 398, and Seiben v. Becker et al., 53 Iowa, 24. The re
Affirmed.