Dalby v. Cronkhite
Dalby v. Cronkhite
Opinion of the Court
The defendant obtained a judgment in the District Court of Jones county against one Thomas Smith, who, at the time of the rendition thereof, was the owner of the real estate in controversy, it being three acres out of an eighty acre subdivision owned by the judgment debtor.
After the rendition of the judgment, the said Thomas Smith sold the piece in controversy to one Gearhart, who thereafter sold and conveyed the same to plaintiffs.
The cause was heard on its merits. The plaintiff A. J. Dalby testified that, pending the negotiations for purchase from Gearhart, he learned that Cronkhite had a judgment lien on the land he was negotiating for, and that he refused to purchase on account of that lien ; that he then went to Cronkhite, who told him if he would purchase the land he should have it free from the judgment lien; that he, Cronkhite, would not disturb him as the claim would be without interfering with that piece. Thereupon plaintiffs purchased. The plaintiff then introduced one Southwick, who testified, that, previous to plaintiffs’ purchase, he purchased twelve acres of the same tract; that before he bought the same he saw Cronkhite, who told him that he, Cronkhite, had a judgment lien, but if witness would purchase he would not enforce it, as he could make his claim off of Smith; and thereupon witness bought. This was all the plaintiffs’ evidence.
The defendant then introduced himself as a witness, (the cause being by agreement tried to the court, by the second method) and testified that he had no recollection whatever of the conversations testified to by plaintiff or Southwick, nor did he know for certain that he had any lien upon the land until just before the execution was issued, and never had any intention to release the same. This was all of defendant’s evidence.
The District Court dismissed the plaintiffs’ petition. And there was no error in so doing.
The testimony of Southwick has no relation to the subject-matter of this suit, and, whether it is entitled to
Affirmed.
Reference
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