25 F. 372 | U.S. Cir. Ct. | 1885
This case was argued before me at the May term of the court, 1885, and taken under advisement. I am entirely satisfied that, at the time the judgment of the defendant corporation was rendered against Sibbitts, he was not the real owner of the property, and that plaintiff was; though the title apparent on the record in the office of the recorder of deeds was probably in Sibbitts. But I am of opinion that, under the decisions of the supreme court of Nebraska, and of the courts of a majority of the states, a judgment only becomes
As plaintiff Witlinell, at the date of the levy of defendant’s execution, and before the day appointed for the sale of the land, had both the legal title and the superior equity, and had his deed duly recorded, there seems to be no doubt of liis right to relief. A decree will therefore be entered making the preliminary injunction perpetual, and quieting plaintiff’s title against the claim of defendant under his judgment against Sibbitts.