1 The record shows that the Leeds Improvement & Land Company was entitled to notice of the expiration of the period of redemption before the tax deed was-issued to the defendant, but that none was served. The plaintiff’s judgment was rendered after the tax sale, but before the execution of the tax deed, and the sole question presented on this appeal is whether the judgment lien-holder has the right to maintain an action to redeem. If such a lienholder may redeem before, we do not see why he may not after, the issuance of a deed under such circumstances. In Slyfield v. Barnum, 71 Iowa, 245, the court' said: “Unless the notice has been served on the person in whose name the land is taxed, he is not authorized to execute a deed. The deeds in question, then were executed without authority. They are not absolutely void, it is true, for they operate to transfer the title to the lands to the grantees. But they did not have-the effect to terminate the- right of redemption, and the-title conveyed by them was subject to be defeated by the-exercise of that right, and as long as a right to redeem the land exists, there is no completed sale. The settled rule is that until there is a completed sale the period of limitation presented by the statute does not begin to run. Wilson v. Russell 73 Iowa, 395; Hillyer v. Farneman, 65 Iowa, 227; Cornoy v. Wetmore, 92 Iowa, 100; Shelley v. Smith, 97 Iowa, 259; Railway Company v. Kelley, 105 Iowa, 106; Bradley v. Brown, 75 Iowa, 180.
2 Appellant insists, however, that before an action to-redeem can be maintained title must be established as required by section 1445 of the Code. The portion of that section in question may be set out: “In all actions; involving the title to real estate claimed and held, under a deed executed substantially as aforesaid by the treasurer, the person claiming title adverse to the title-conveyed thereby shall be required to prove, in order to
3 II. That a judgment creditor may redeem from- the-tax sale of land on which his judgment is a lien is not open to serious question. Text writers lay this down as the rule-in their works on taxation,' and it has been recognized in several decisions of this court. See Cooley, Taxation, 538; Black, Tax Titles, section 365; Blackwell, Tax Titles, 482. Thus in Adams v. Beale, 19 Iowa, 61, in holding that the homestead interest of the wife of the head of a family was real property, under chapter 173-of the Acts of the Ninth General Assembly, the court, through Cole, J., said: “Where land has been mortgaged to secure a debt and judgment creditors have liens upon it, and the -land is in possession of a stranger to the title, whose possession is ripening into a right, each is an owner according to the extent of his interest- and claim, and each has a fight to protect his interest by ■ a redemption from a tax sale. Blackwell Tax Titles, 496 ; Id. (2d Ed.) 423. Any right which, in law or equity amounts to an ownership, in the land, any right of entry upon it, to its possession or enjoyment, or any part of it which may be deemed as an estate, makes a person an-owner, as far as it is necessary to give him the right to redeem.” See, also, Byington v. Buckwalter, 7 Iowa, 512;
The conclusion reached by the district court was correct, and it is aetirmed.