Standish v. Dow
Supreme Court of Iowa
Appeal from /Scott District Court. In April, 1856, Price owned the land in controversy and conveyed it to Smith, the purchaser executing a trust deed to Dillon to secure a part of the purchase-money, which was to become due in April, 1857 and 1858. In November, 1859, the trustee advertised the property and sold it to Cook, who, in five days afterward, conveyed to Le Claire, and he, in April, 1860, conveyed to plaintiff.. This is plaintiff’s title.
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Appeal from /Scott District Court. In April, 1856, Price owned the land in controversy and conveyed it to Smith, the purchaser executing a trust deed to Dillon to secure a part of the purchase-money, which was to become due in April, 1857 and 1858. In November, 1859, the trustee advertised the property and sold it to Cook, who, in five days afterward, conveyed to Le Claire, and he, in April, 1860, conveyed to plaintiff.. This is plaintiff’s title. It is proper to state that Cook conveyed without warranty, and that Le Claire warranted against, all incumbrances, except mortgages of record prior…
1Opinion of the CourtWright, J.
i. dee» of cree: árestruction. The priority of the lien under which plaintiff claims is not controverted. Nor is there any claim that the trust-deed was fraudulent; that it had been paid or discharged : nor that for any reason it was invalid. Price ivas a prior incumbrancer, his debt not being due at the time Brown commenced his foreclosure proceeding. Brown’s mortgage was taken subject to the Price lien, and in his petition he expressly waives any personal claim against such prior incumbrancer. The decree of foreclosure was taken yrro confesso. The petition upon which it was predicated did…
2Cases cited4 opinions
- Cooley v. BraytonSupreme Court of Iowa · 1864
- Heimstreet v. WinnieSupreme Court of Iowa · 1860
- State v. ThompsonSupreme Court of Iowa · 1865
- Lowe v. GrinnanSupreme Court of Iowa · 1865
3Cited by12 opinions
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
- Brown v. CunninghamSupreme Court of Iowa · 1891
- Pfiffner v. KrapfelSupreme Court of Iowa · 1869
- Rayburn v. MaherSupreme Court of Iowa · 1939
- Kern v. WilsonSupreme Court of Iowa · 1891
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