66 Iowa 283 | Iowa | 1885
The plaintiff seeks to enjoin an execution sale of real estate, which sale the defendant Jennie Thompson is seeking to make upon a judgment obtained by her against one E. 0. Wiedner, the owner of the real estate at the time the judgment was rendered. The plaintiff does' not deny
The action seems to have been brought with the view in part of giving constructive notice of the plaintiff’s claim, and in part upon the theory that the question of the validity of the mortgage lien ought to be settled before the property is allowed to go to sale upon the defendant’s execution. The only question now presented is as to whether the injunction
Whether the plaintiff is entitled to any relief we do not determine. If he is, his claim can be asserted against any purchaser who had actual or constructive notice of his claim. The injunction, we think, was properly dissolved.
Affirmed.