Vannice v. Bergen
Supreme Court of Iowa
Appeal from Benton District Court. On the 7th day of April, 1857, plaintiffs (father and son) loaned to Bergen $2,000, taking his two notes for $1,000 each, due April 1, 1859, one note being payable to Henry (the father), and the other to the son Albert.
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Appeal from Benton District Court. On the 7th day of April, 1857, plaintiffs (father and son) loaned to Bergen $2,000, taking his two notes for $1,000 each, due April 1, 1859, one note being payable to Henry (the father), and the other to the son Albert. Bergen and wife made their mortgage to plaintiffs to secure said notes upon one hundred and sixty acres of land, which was duly recorded September 26, 1857. February 19, 1859, respondents, Greene, Traer & Co., recovered, in vacation, by confession, a judgment against said Bergen and one Chinn for $667.24, which (if valid) is an admitted lien…
1Opinion of the Court
Weight, Ch. J.
The validity of the judgment under which defendants claim, is not a subject of much,' if any, controversy in the present proceeding; and as that is substantially the sole question dn another ease now before us, between these parties, we need not at this time give it'atiy attention.
That Bergen'represented the land to be unincumbered at the time he conveyed the same to the plaintiff, Henry Van-nice, is very well established. Whether said purchaser had actual notice of defendant’s judgment at the time, is a question of more doubt.' The finding of the referee on this subject is not…
2Cases cited2 opinions
- Barnes v. CamackNew York Supreme Court · 1847
- Wickersham v. ReevesSupreme Court of Iowa · 1855
3Cited by28 opinions
- Pearce v. BuellOregon Supreme Court · 1892
- Whipple v. FowlerNebraska Supreme Court · 1894
- McClaskey v. O'BrienWest Virginia Supreme Court · 1879
- Lewis v. KirkSupreme Court of Kansas · 1882
- Bowling v. CookSupreme Court of Iowa · 1874
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