Rockafellor v. Gray

194 Iowa 1280, 191 N.W. 107 (1922)

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Nature of the Case

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Facts

Doffing conveyed property to Rockafellor by warranty deed. At the time of conveyance, there was a mortgage owed to Gray for $500, which was assumed by the grantee in the deed. The mortgage was foreclosed upon, and the sheriff’s deed was delivered to Connelly, who conveyed it by general warranty deed to Dixon for a consideration of $4,000. Dixon then conveyed the property by special warranty deed to Hansen and Gregerson for a recited consideration of $7,000. Rockafellor then brought suit to set aside the foreclosure sale on the ground that it was void because no jurisdiction had been acquired over him in the said action. Hansen filed a cross-petition against Connelly praying that in the event Rockafellor was successful they wanted a judgment against the remote grantor upon the covenants in his deed to Dixon, their immediate grantor. Rockafellor was awarded the property. The sheriff’s deed to Connelly was set aside. The court then entered judgment against Connelly on the covenant of seizin in his deed for the recited amount of $4,000. Connelly appealed.