Cooney v. Coppock
Cooney v. Coppock
Opinion of the Court
Defendant A. W. Patterson, by foreclosure proceedings against defendant John J. Ooppock, the then owner, acquired title under execution sale and deed to the premises in controversy. The interests of the-other defendants, in the view which we take of the case, need not be considered. Plaintiff, by filing in the district-court a transcript of a judgment obtained before a justice of the peace, acquired a lien on the premises five days-before the decree in the foreclosure proceeding was rendered. Not having been made a party to the proceeding, plaintiff claims that the lien was not cut off by the foreclosure sale, and he now seeks to- redeem from Patterson, offering to pay the amount of Patterson’s rights in and claims against the property, including the amount bid afe
The only question we need consider is whether one whose judgment becomes a lien pending a foreclosure proceeding must be made a party to such proceeding in order to cut off his right to redeem from sale under a judgment rendered in such proceeding. It is conceded that under Code, section 3543 (which is, in effect, the same as section 2628 of the Code of . 1873), providing that, “when a petition has been filed affecting real estate, the action is pending so as to charge third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject-matter thereof as against the plaintiff’s rights,” one who purchases or otherwise acquires an interest from the defendant in a foreclosure proceeding brought in the county where the land is situated takes subject to the determination of such proceeding, and, although not made a party, has no equitable right to redeem from the foreclosure sale. Blanchard v. Ware, 37 Iowa, 305; Blanchard v. Ware, 43 Iowa, 530; Tredway v. McDonald, 51 Iowa, 663; Jackson v. Railway Co., 64 Iowa, 292; Bowman v. Anderson, 82 Iowa, 210.
Counsel for appellant claim that this doctrine is not applicable to one who acquires a lien on the premises pending the foreclosure proceeding by a judgemnt against the defendant in such proceeding. But we find no authority for any such distinction. Certainly the. lienholder does not acquire any better right than the defendant himself, or one who purchases or takes a mortgage on the premises pending the foreclosure. It would be intolerable that, after plaintiff has commenced his foreclosure, and made parties to his action all persons then having any interest in or lien upon the premises, he should be required
Reference
- Full Case Name
- M. M. Cooney v. John J. Coppock, A. W. Patterson
- Cited By
- 1 case
- Status
- Published