Kilbride v. Munn
Kilbride v. Munn
Opinion of the Court
The defendant, in his answer, for reasons stated at length therein, claims the plaintiff was not entitled to redeem, and having so done, the assignment of the certificate of purchase can only be regarded as having been made in aid of the redemption. In other words the claim is the plaintiff' cannot be regarded as a purchaser of the certificate. The claim of the defendant, briefly stated, is that the plaintiff, as the owner
Upon the presentation of such certificate it was the duty of the sheriff to execute the requisite conveyance. Counsel for the defendant insist that the plaintiff in execution, by virtue of which the premises were- sold, has some rights in the real estate which will be prejudicially affected by the conveyance, but, as he is not a party to this action, this must be regarded as doubtful. Whether this be so or not, we think it was the duty of the sheriff to execute the conveyance, leaving other parties to settle and adjust whatever rights they may have as they may see proper.
We think the judgment debtor and the purchaser ordinarily are the only parties who can. object that the right of redemption has not been properly exercised. Wilson v. Conklin et al., 22 Iowa, 452. But whether this be true in all cases is not material, for certain it is, in our opinion, the sheriff cannot by setting up a real or supposed right in the execution plaintiff excuse himself from the statutory duty enjoined to execute a conveyance in accordance with the certificate of purchase. •
Aetui&mbu.
Reference
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