
    Fords v. Vance et al.
    
    Lien: judgment and unrecorded deed. An unrecorded deed takes priority of a subsequent judgment; and a redemption by sueb subsequent judgment creditor from a prior judgment creditor, whose lien attached before the purchase, does not defeat such priority.
    2. Redemptions judgment liens: Where a subsequent purchaser redeems from one whose judgment is senior to a sale of real estate by the debtor, the purchaser may redeem from the junior creditor by paying the amount due the prior judgment creditor. He is not required to pay the amount of both judgments.
    3- Appeal; record: trial: The Supreme Court will not try the issues of fact in an equitable action de novo where it is not shown by the recitals of the decree, by bill of exceptions, by the certificate of the clerk, or in some other competent manner, that the record contains all the evidence submitted in the case.
    
      Appeal from Des Moines District Court.
    
    Monday, October 10.
    Suit in equity to redeem. Judgment for plaintiffs and defendants appeal. The further necessary facts are stated in the opinion.
    
      
      M. D. Browning for tbe appellants.
    
      J. 0. & B.J. Hall for tbe appellees.
   Cole, J.

I. It is conceded by tbe pleadings, that tbe plaintiffs purchased tbe real estate of tbe judgment debtor, "Vance, before tbe confession of judgment by him hivor of defendant, Browning; and that Brown-jng notice 0f g^h purchase by tbe title papers being left with him, before be took bis confession of judgment. In such case tbe unrecorded deed takes priority of tbe judgment (Norton, Jewett and Busby v. Williams, 9 Iowa, 528); and it is not in tbe power of such subsequent judgment creditor to defeat such priority, by first redeeming from a prior judgment creditor, whose judgment lien attached before tbe purchase. Tbe purchaser may redeem from such subsequent judgment creditor, ky paying the amount due tbe prior judgment creditor, and without paying any of tbe amount of tbe subsequent judgment over which bis deed has priority.

II. Tbe other questions made in tbe case, arise upon issues made in tbe pleadings, upon which evidence was taken, and it does not appear from tbe transcript or certificate, that all the evidence has been sent to this court. The certificate of tbe clerk states that tbe transcript contains all tbe original papers and journal entries, and “ also tbe original deposition of E. R. Ford, taken in this causebut whether that deposition was tbe only one, or was one of tbe many, taken in tbe case, does not appear. It should be shown by tbe recitals in tbe decree, by a bill of exceptions, by tbe certificate of tbe clerk, or in some other competent manner, that the transcript contains all tbe evidence in tbe case, in order to justify this court in reviewing tbe case upon its merits.

Affirmed.  