239 N.W. 131 | Iowa | 1931
Mrs. Pike was the owner of a life estate in the lot in question. The lot was subject to a mortgage. The mortgage was foreclosed and the lot sold at execution sale on December 11, 1926. Plaintiff acquired the sheriff's certificate of sale. On December 5, 1927, Mrs. Pike signed a quitclaim deed of the lot to the defendant. The deed was placed in the hands of Attorney Hogan for delivery on receipt of $200. Defendant agreed to pay Hogan $200 and on December 10, 1927, left the money with a banker for the deed. On the same date, December 10, 1927, Hogan handed the deed to the banker. The banker told Hogan he would deliver the $200 when Hogan would deliver to the banker a sheriff's deed. The banker held the $200 and Mrs. Pike's quitclaim deed. On the same date, December 10, 1927, defendant gave his check for the amount required to make redemption — $
Plaintiff contends that the quitclaim deed was not delivered until after the time for redemption had expired; that at the time it expired the grantor had nothing to convey; that defendant did not redeem or claim to redeem for himself; was not entitled to redeem and had no authority to redeem in behalf of Mrs. Pike, and no redemption by her was made. *556
It is not disputed that Mrs. Pike, the owner of a life estate, had the right to make redemption and that such right was assignable. On December 10, 1927, Mrs. Pike and defendant between them had the right to redeem. If they undertook to redeem, plaintiff had no right to resist if he was paid the required amount, $
This conclusion renders it unnecessary to discuss many other interesting questions argued by counsel. — Affirmed.
FAVILLE, C.J., and EVANS, KINDIG, and GRIMM, JJ., concur.