133 Iowa 278 | Iowa | 1907
On February 27, 1904, John G. Thomas-sen, then tbe owner of tbe land in controversy, entered into a written contract for its sale to William Van Wyk, who made' a partial payment on said purchase and took possession of the premises. On September 22d of the same year the appellee John De Goey, having obtained a judgment against Van Wyk in the district court of Marion county, caused a transcript of the same to be filed in Mahaska county, and on the same day, under an execution issued upon said judgment, the sheriff of the latter county levied upon said land. Sale under said levy was had on October 31, 1904, at which the property was struck off to said De Goey. On October 26, 1905, three days before the expiration of the period of redemption, acting upon the theory and claim that Takje Van Wyk, wife of the judgment defendant, was the owner of a one-half interest in the contract, the plaintiff George J. Thomassen took from! her and her husband a quitclaim deed of the property. -About the same time it is claimed that William Van Wyk verbally abandoned and surrendered his said contract of purchase to the seller John G. Thomassen, and soon after gave up the possession and has since made no claim to the land. Within a day or two after this transfer and surrender to the plaintiffs this action was begun in equity to restrain the issuance of a sheriff’s deed on the claim that the sale or attempted sale of the interest of Wm. Van Wyk in said land was ineffectual to pass any interest to- the purchaser. The district court dismissed the bill, and plaintiffs appeal.
Counsel for appellant have Javored us with a very elaborate and ingenious brief of fifty-seven distinct legal propositions, fortifying each by an array of numerous authorities. It is manifestly impracticable for us to take the time or space to discuss the cases cited. _ We have examined them all and find nothing in them inconsistent with the conclusion hereinbefore announced.
The decree of the district court is right, and it is affirmed.