56 Iowa 443 | Iowa | 1881
I. The plaintiffs allege in the petition that they purchased certain lands upon an execution issued upon a decree in their favor against defendants, which directed the property to be sold without the right of redemption. The decree was entered in an action in chaxicex'y brought by plaintiffs, wherein it was charged in the petition that plaintiffs and others had recovered certain judgments against one of the defendants, who had fraudulently conveyed the property to the other defendant to defeat the collection of these judgments. The defendants in that action are defendants in this. It is shown in the petition that plaintiffs have received a sheriff’s deed, the sale having been made without redemption in pursuance of the decree; that the land is cultivated by a tenant, and a part of the crop of corn is due from him as rent, and is now ready to be gathered, and that defendants are endeavoring to take and remove the rent corn, which, plaintiffs claim, belongs to them. It is shown that defendants are insolvent. An injunction restraining defendants from taking the corn is prayed for in this petition, and general relief is asked.
The answer among other matters alleges that the action in which the decree was rendered, under which plaintiffs claim to have acquired title to the land, was tried April 5, 1879, when the judge of the court made in his calendar an entry as follows: “Judgment and decree as prayed for in petition and petition of intervention, at defendant’s costs. Defendant excepts”; .that after the adjournment of the court plaintiffs prepared the decree, inserting therein that the land should be sold without i’edemption, and px’esented it to the judge in vacation, who signed it seven days after the adjournment of the court, and that the decx*ee has not been approved by the court. The agreed statement of facts shows that the decree
III. It is urged that the court had no authority to direct
We reach the conclusion that the Circuit Court erred in dismissing plaintiffs’ petition. ’ Its judgment, therefore, is reversed, and the cause is remanded for a decree in accord with this opinion.
Reveesed.