c. As to third parties. 76. Judgment binding: on whom. A judgment does not bind a person interested in the subject of a suit, but not as party thereto, though he presented to the court a statement of his interest and prayed its protection, which it appears was disregarded by the court. Bates v. Ruddick, 2 Iowa, 423. 77. Heirs and administrator. The administrator is not concluded by a judgment rendered in a cause to which the heirs were parties but to which he was not. Dorr, ex'r, v. Stockdale et al., 19 Iowa, 269. 78. Effect on citizen of judgment against county. A judgment against a county, or its legal representatives, in a matter of general interest to all the people thereof, as one respecting the levy and collection of a tax, is binding, not only on the official representatives of the county named in the proceeding as defendants, but upon all the citizens thereof, though not made parties defendant by name. Clark v. Wolf et al., 29 Iowa, 197. 79. Effect upon privies: estoppel. One who, though not a party, defends or prosecutes an action by employing counsel, paying costs, and doing those things which are usually done by a party, will be bound by the judgment rendered therein. Stoddard v. Thompson et al., 31 Iowa, 80; Davis v. Milburn, 4 Ibid. 246; Mc Namee v. Moreland, 26 Ibid. 97. d. Form and mode of entry. 80. When defendant is not personally served judgment should be entered in rem. Under the statute, when the defendant has not been served with process, the judgment should be in rem only, and not in personam. Doolittle v. Shelton, 1 G. Gr. 272. 81. Form of. No particular form of entry is necessary to the sufficiency of a judgment. When the time, place, parties, matters in dispute and the result of the hearing are clearly stated in the record, it is sufficient. Barrett v. Garragan, 16 Iowa, 47. 82. When a judgment entry is obscure, it will be construed in the light of the pleadings and the entire record. Fowler v. Doyle et al., 16 Iowa, 534. 83. A judgment for the recovery of money against one of two defendants, not naming which, was sustained where it was evident from the whole record and entire language of decree which was intended. Finnagan v. Manchester et ux., 12 Iowa, 521. 84. When defendants sued jointly on an account plead a joint set-off to the plaintiff's action, which is admitted by the replication, judgment may be rendered for the plaintiff and against one or more of the defendants on the cause of action set out in the petition, and also against the plaintiff and in favor of all the defendants on the joint set-off. Eyre v. Cook et al., 10 Iowa, 586. 85. In an action brought by trustees in their own names for the use of the corporation of which they are officers, the court may render judgment for the corporation. Lefftuick et al. v. ton, 18 Iowa, 56. Thorn 86. Filling of blanks. Where the district court ordered a judgment on a promissory note, the amount of which the clerk was directed to assess, and the clerk made a judg ment entry, leaving a blank for the amount, which blank remained for fourteen months and was then filled by the clerk, in vacation, it was held, 1. That the filing of the blank in vacation could only be considered an irregularity which could not be inquired into in a collateral proceeding. 2. That it could be properly filled in compliance with an order of the court made in term time. 3. That as the judgment for costs was clearly valid, a purchaser of property upon which the judgment was a lien took the same with constructive notice of the plaintiff's equity. Lind v. Adams, 10 lowa, 398. 87. It is error to render a final decree which leaves the amount of the recovery, or of a deduction therefrom, to be ascertained by a surveyor, compelling the parties to abide by his action. Anderson et ux. v. Reed et al., 11 Iowa, 177. 88. The judgment entry gave the name of the court, the title of the cause, recited service upon the defendant and his failure to appear or plead, and proceeded: "Now, on motion of S. M. W., plaintiff's attorney, it is hereby adjudged that W. L., the plaintiff, do recover of W. E. C., the said defendant, the sum of," etc., etc., indorsed " W. R., clerk," and the petition in an action thereon alleged that it was rendered by said court; held, that a demurrer to the petition, on the ground that the judgment record showed that judgment was rendered by the clerk instead of the court, was properly overruled. Thompson et al. v. Cook, 21 Iowa, 472. The lien of Judgments and Decrees III. THE LIEN OF JUDGMENTS AND DECREES. a. To what the lien attaches. 89. Liens: former statutes. Under the laws of Wisconsin and Iowa, prior to the statute of frauds of 1840, judgments did not operate as liens upon real estate. Woods v. Mains, 1 G. Gr. 275. - To what the lien attaches. 96. The lien of a judgment attaches to the interest of the judgment defendant in the title to real estate, and not to the naked legal title without any equitable interest. Blaney v. Hanks et al., 14 Iowa, 400; Patterson v. Linder et al., Ibid. 414; Norton, Jewett & Busby v. Williams, Ibid. 528; Bell v. Evans, 10 Ibid. 354; Thomas v. Kennedy, 24 Ibid. 397. 97. A judgment attaches as a lien upon the equitable interest of the judgment defendant in the real estate, and such interest may be levied 90. Statute construed. The sixth section of said statute, entitled An act to prevent frauds," extended to all valid judgments previously rendered in the supreme and district courts, and gave to any such judg ment, in esse at the date of its approval, as ef. upon, and sold to satisfy a judgment. Crosby v. Elkader Lodge No. 72 et al., 16 Iowa, 399; Harfectual a lien upon the real estate of the judg-rison v. Kramer, 3 Ibid. 543; Blain v. Stuart, ment debtor as subsequent judgments could. It extended also to operative judgments rendered within the limits of Iowa, under the territorial government. Ibid. 92. On pre-emption right. A judgment attaches as a lien only to an estate or by inheritance; and cannot operate upon a pre-emption right. Harrington v. Sharp, admr., 1 G. Gr. 131. (Rev. 1843, p. 243, § 6.) 93. The act of January 16, 1840,* made a judgment a lien upon the equitable as well as the legal interest of the judgment debtor in real estate. Blain v. Stewart, 2 Iowa, 378. 94. Under the Code of 1851 and Revision of 1860, judgments in the supreme or district courts of this State attach as liens upon all interests, legal or equitable, of the judgment creditor in real estate. Code, §§ 2485 and 26. Cook & Sargent v. Dillon et al., 9 Iowa, 407. 95. The lien of a judgment attached to whatever interest the defendant had in real estate, whether such interest appeared of record or not. Denegre v. Haun et al., 13 Iowa, 240. 2 Ibid. 378. 98. A judgment is a lien upon any equitable interest in land of the judgment debtor, which may be sold on execution; but is subordinate to vendor's liens and homestead rights existing prior to the judgment. Twogood v. Stephens et al., 19 Iowa, 405. 99. Lien upon the interest of a grantor in a trust-deed. The grantor of real estate, by a deed of trust, retains before sale the right to redeem, and upon this interest judgments rendered after the execution of the deed attach as liens. After sale this right to redeem is removed from the land, and is represented by the surplus in the hands of the trustee, against which such judgment liens are continued and may be enforced in equity. Cook & Sargent v. Dillon et al., 9 Iowa, 407. 100. Proceedings for the application of the clerk of the district court of the county in which the This rule has been changed by statute and subsequent adjudications. The following are the provisions of the Revision of 1860 on the sub-transcript of the judgment in his office, immediately SEC. 4108. (2488.) Such clerk shall, on the filing of a ject. The figures in parentheses denote the proceed to docket and index the same in the same number of the sections as they stood in the Code manner as though rendered in the court of his own of 1851. They are reprinted as sections 2882, county. 2883, 2884, 2885, Code of 1873. SECTION 4105. (2485.) Judgments in the supreme or district court of this State, or in the district or circuit court of the United States, if rendered within this State, are liens upon the real estate owned by the defendant at the time of such rendition, and also upon all he may subsequently acquire before the expiration of the lien as hereinafter provided. SEC. 4106. (2486.) When the lands lie in the county wherein the judgment was rendered, the lien shall attach from the date of such rendition. SEC. 4107. (2487.) If the lands lie in any other county the lien does not attach until an attested copy of the judgment is filled in the office of the SEC. 4109. (2489.) The liens above authorized continue in force for the term of ten years only from the date of the judgment. PRIOR LAW. 1. An act concerning judgment liens, passed Jan. 19, 1846; I. T., 8th sess., chap. 34, p. 33. DECISIONS. Judgments not liens under the law of Wisconsin and Iowa, previous to the statute of January 16, 1840, 1 G. Gr. 275; and was by that law also a lien on equitable interests, 2 Iowa, 378; lien as to preemption right, 1 G. Gr. 131; judgment lien will hold against prior unrecorded deed without actual notice under registry law of 1840, 2 G. Gr. 39; not a lien on after-acquired estate till levy made, 1 G. Gr. 131, 275. + Session Acts 1840, p. 76. To what the lien attaches. be discharged by proceedings subsequently instituted in chancery to enforce the lien. Ibid. 101. Where two trust deeds were made on the same premises, and after the second one a creditor, C, obtained judgment against the grantor, and the second trust deed was foreclosed, and the property purchased under it by L., who also had a quit-claim from the original owner, subsequent to all the liens; and finally, a sale was had under the first trust deed, upon which sale there arose a surplus, after satisfying the debt secured by it. Held, that the surplus belonged to L., as the owner of the equity of redemption from the first trust deed, and that C was cut off by the sale previously made under the second. Chase v. Parker, 14 Iowa, 207. 102. Transcript of judgment: when lien attaches. A transcript of a judgment rendered in the district court of one county, filed in the office of the clerk of the district court of another county, as provided by chapter 131, Code of 1851, operates as a lien upon the real estate of the defendant in the county in which it is filed. But it does not authorize the clerk of such county to issue execution thereon. Seaton & Son v. Hamilton & Co., 10 Iowa, 394. 103. When transcripts of a judgment rendered by a justice of the peace were taken, and one filed in the office of the clerk of the district court in the county in which it was rendered, and the other was filed in the office of the clerk of the district court in another county, in which lands owned by the judgment defendant were situated, after which an execution was issued from the office of the clerk of the district court of the county first mentioned, which was levied upon the lands, it was held, 1. That the filing of the last transcript in the county in which the land was situated, did not create a lien upon the land; 2. That no lien attached to said land by reason of such judgment, before the levy of the execution; 3. That the only method of creating a lien of a judgment rendered by a justice of the peace on lands situated in another county is by filing a transcript of the judgment in the office of the clerk of the district court of the county in which it was rendered, and by the fil. ing a transcript of the judgment and the memorandum in the district court in the office of the clerk of the district court of the county in which the lands are situated. Blaney v. Hanks et al., 14 Iowa, 400. 104. Judgment in foreclosure. A judgment on a note secured by mortgage is a lien on the mortgaged property only from the date at which it was recovered, when it does not order a foreclosure of the mortgage. Wilhelmi v. Leonard et al., 13 Iowa, 330. 105. While a judgment may be revived, there is no revivor of the lien of a judgment on real estate. The revivor of a judgment by scire facias creates no new lien. Denegre v. Haun et al., 13 Iowa, 240. 106. Statute conferring lien must be strictly complied with. The lien of a judgment on lands in this State, being conferred by statute, can become effective only in the manner, at the time, and upon the conditions and limitations imposed by the statute itself. Lamb v. Shays et al., 14 Lowa, 567. 107. When lien may attach to an interest of judgment defendant. The purchaser of real property at a judicial sale made under general execution acquires only a lien for the amount of the purchase-money and interest, which may ripen into a perfect title at the expiration of the time allowed for redemption; and a judgment rendered against the same judgment debtor after sale and before the expiration of the time allowed for redemption attaches as a lien upon the premises sold. Curtis v. Millard & Co., 14 Iowa, 128. 108. when debtor redeems. The failure of the subsequent judgment incumbrancer to redeem from the sale made under the prior judgment does not divest him of his right as against the debtor or his grantees in the event either should redeem within the time prescribed by law. Ibid.; Crosby v. Elkader Lodge, 16 Ibid. 309; Hays v. Thode, 18 Ibid. 52; Johnson v. Harmon, 19 Ibid. 56. 109. Judgment against a city. A judgment against a city is not a lien upon premises owned by it, and used for hospital purposes. The City of Davenport v. The Peoria Marine & Fire Ins. Co., 17 Iowa, 276. 110. A foreign judgment is not a lien upon the real estate of the judgment defendant before a judgment has been rendered thereon by a court of this State. Buchanan et al., exrs., v. Marsh et al., 17 Iowa, 494. 111. In a contest between the judgment debtor and a purchaser, under execution issued upon the judgment, it is competent for the purchaser to show, by the pleadings and record in the action, that the judgment attached as a lien upon the property purchased by him, al To what the lien attaches Duration of lien. though in form, upon the face of the judgment the interest a purchaser acquired by virtue of a alone it did not appear to be a lien. Markham levy upon and sheriff's sale to him of such real v. Buckingham et al., 21 Iowa, 494; Christy v. estate as the individual property of the memDyer, 14 Ibid. 438; Patterson v. Linder, Ibid. ber to whom such conveyance was made, under 414; Delevan v. Pratt, 19 Ibid. 429. a junior judgment, against the individual mem bers of said firm. Ibid. 112. Whether judgment against a firm is a lien only on partnership property. Whether a judgment, rendered against a firm in an action brought against it in the firm name alone, is a lien only on the partnership property has not been adjudicated by this court. Ibid. 113. On individual property of partner. Whether a judgment against a firm, rendered in a suit in which the individual names of the members were not disclosed, is a lien upon the individual property of such members, quere. Lathrop v. Brown, 23 Iowa, 40. But the judgment plaintiff may, by scire facias, make the individual property of the members composing the firm liable to the judgment. Lewis & Bros. v. Conrad, Young & Co., 11 Iowa, 153; Davis & Co. v. Buchanan & Bone, 12 Ibid. 575. 114. Of the Federal courts. The judgment of the United States district court is not a lien upon the real estate of the judgment debtor situated in another county than that wherein the judgment was rendered, or copy filed and docketed, as provided by sections 4105 to 4109 of the Revision of 1860.* Ibid. b. Duration of lien. 118. Limitation. Under the Code of 1851, the lien of a judgment continued in force for ten years, but the right to enforce it by execution existed but for five years, unless revived by scire facias. Denegre v. Haun et al., 13 Iowa, 240. 119. But under the Revision of 1860, judgments are liens upon the real estate of the judgment debtor, in the county where they are rendered or filed, for the term of ten years from the date of rendition or filing. Rev., §§ 4105, 4108 4109. Hendershott v. Ping, 24 Iowa, 134. 120. The lien of a judgment cannot be prolonged either by revivor or otherwise, beyond the ten years fixed by statute. If a plaintiff does not sell the land within ten years, and wishes to continue his lien without sale, he must have a fresh judgment docketed before other creditors come in and obtain judgment; otherwise he loses his preference. Denegre v. Haun et al., 13 Iowa, 240. 121. When lien cannot be extended. As be tween judgment creditors and third persons it is not competent for the judgment creditor to extend the lien of his judgment by proof aliunde, but as between the parties to the judg 115. Sale under junior judgment. A judgment lien upon real estate is not affected by a sale of such real estate under a junior judgment. Ibid. 116. Upon what interest it operates. Under our statutes, judgments are liens upon all interest in real estate, legal or equitable (Cookment, and their heirs, the rule admits of such & Sargent v. Dillon, 9 Iowa, 407; Crosby v. El poof. Delavan et al. v. Pratt et al., 19 Iowa, kader Lodge, 16 Ibid. 399; Blaney v. Hanks, 14 429. Ibid. 400), and it is wholly immaterial, as between the parties, whether the interest of the judgment debtor appears of record or not. Ibid., and Denegre v. Haun, 13 Ibid. 240. 117. Application of last rule: partnership and individual property. It was accordingly held that a judgment rendered against a partnership in its firm name was a lien upon whatever equitable interest the firm had in real estate purchased and paid for by them, and for their benefit intended to be conveyed to one of its members by a conveyance which, by reason of a misdescription, conveyed a different tract from that intended; and that such lien had preference over * See note to § 93 ante, wherein sections are set out. 122. Lien retained. When any thing is due upon the demand upon which a judgment was obtained by an authorized appearance, the better practice is to make a tender of the amount before bringing an action to set aside the judg ment, and when this is not done, and there has been delay in bringing such action, the court will retain and continue the lien of the original judgment for the payment of such judgment as may be ultimately rendered in the case. Bryant v. Williams, 21 Iowa, 329. 123. The lien is not retroactive. The lien of Churchill v. a judgment is not retroactive. Morse, 23 Iowa, 229. 124. Lien of judgment relates back to lien of attachment. Where lands of the defendant Priority of lien. are attached, and judgment is afterward rendered against him in the proceeding, the lien of the judgment will take relation back to the lien of the attachment. Hill v. Baker, 32 Iowa, 302. 125. As between the parties, a judgment at law upon a note secured by mortgage is a lien from the date of the recording of the mortgage. State of Iowa v. Lake, 17 Iowa, 215; Christy v. Dyer, 14 Ibid. 443. 126. But where as against an incumbrancer or purchaser junior to the mortgage, not made a party, it is a lien only from the date of its rendition, and does not relate back to the date of the recording of the mortgage so as to give the purchaser under his judgment a title paramount to the junior incumbrancers, unless it is so ordered on the face of the judgment. Redfield v. Hart, 12 Iowa, 355; Wilhelmi v. Leonard, 13 Ibid. 340; State v. Lake, supra. c. Priority of lien. 131. A general judgment creditor's lien is subsequent to that of a prior mortgage intended to cover the lands in question, but which, by a mistake, did not describe them, although the judgment creditor had no notice of the mistake. Welton v. Tizzard, 15 Iowa, 495. 132. An unrecorded mortgage takes precedence of a judgment lien, if the mortgage is recorded before a sale is made under such judg ment. And the assignee of such judgment, purchasing the judgment before the recording of the mortgage, would be in no better position than the original judgment creditor. Chapman V. Coats et al., 26 Iowa, 288. 133. An unrecorded deed will take preference over a judgment or attachment lien; nor is the case varied by the fact that the deed is without a proper acknowledgment. Hoy v. Allen et al., 27 Iowa, 208. 134. As between judgment creditors, whose judgments are of the same date, the one who 127. Judgment and unrecorded deed. A first takes steps to enforce his judgment against judgment lien will hold against a prior unre- property, either real or personal, acquires a pricorded deed, without actual notice to the judg-ority as to such property. Cook & Sargent v. ment creditor. Hopping v. Burnam, 2 G. Gr. Dillon et al., 9 Iowa, 407. 39; Brown v. Tuthill, 1 Ibid. 189. 128. This rule prevailed under the Revised Statutes of 1843, while a contrary rule has prevailed under the Code of 1851, the Revision of 1860, and the Code of 1873. An unrecorded deed is good against all persons except subsequent purchasers. Under these provisions, the lien of a judgment or attachment will not hold against a prior unrecorded deed. Norton v. Williams, 9 Iowa, 528; Bell v. Evans, 10 Ibid. 353; Seevers v. Delashmutt, 11 Ibid. 174; Savery v. Browning, 18 Ibid. 246; Fords v. Vance, 17 Ibid. 94; Hays v. Thode, 18 Ibid. 51; Evans v. McGlasson, Ibid. 150; Hoy v. Allen, 27 Ibid. 208; Vannice v. Bergen, 16 Ibid. 555. 135. Priority of levy. Where neither of two judgments is a lien upon the real estate of the judgment defendant, that will have preference under which a levy is first made. Lathrop v. Brown, 23 Iowa, 40. 136. Lien subject to equitable interest of third parties. The lien of a judgment creditor upon the land of his debtor is subject to all the equities which exist in favor of third persons against such lands at the time of the recovery. Jones v. Jones et al., 13 Iowa, 276; Parker v. Pierce, 16 Ibid. 227. 137. When the lien attaches to the equitable interest the creditor who resorts to equity first acquires a priority. The lien of a judgment attaches to an equitable interest in real 129. Where there is a sale under judgment. But if there is a sale under a subsequent judg-estate, and it may be subjected to the satisfacment to a third person, without notice, the rights of such purchaser take priority over those of the grantee in an unrecorded deed or mortgage. Evans v. McGlasson, 18 Iowa, 150. tion of the judgment by apt proceedings in chancery for that purpose, but cannot be thus subjected by proceedings at law. A junior judgment creditor, by first instituting equitable proceedings to subject the property to the payment of his debt, acquires a priority of lien over a senior judgment creditor who is less diligent. Bridgman & Co. v. McKissick & Bone, 15 Iowa, 260. 138. Judgment on mortgage debt: date of lien. As between the parties, a judgment at lav |