Farmers' National Bank v. Fletcher
Supreme Court of Iowa
Appeal from Jones District Court. Action to foreclose a mortgage upon 840 acres of land in Jones county. The defendant and appellant, Edgar Loomis, claims to have a judgment lien upon the mortgaged land, and sets up by way of defense and cross-petition that the plaintiff’s mortgage is void, or if not, that his said judgment lien is paramount thereto. The essential facts are as follows: In July, 1871, the title to the land was in one Merrick.
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Appeal from Jones District Court. Action to foreclose a mortgage upon 840 acres of land in Jones county. The defendant and appellant, Edgar Loomis, claims to have a judgment lien upon the mortgaged land, and sets up by way of defense and cross-petition that the plaintiff’s mortgage is void, or if not, that his said judgment lien is paramount thereto. The essential facts are as follows: In July, 1871, the title to the land was in one Merrick. He conveyed to the defendant, Emily J. Montgomery. In' May, 1872, she executed a deed purporting to convey the land to the defendant, Fletcher. On the…
1Opinion of the CourtAdams, J.
I. The land was attached by Loomis, and the attachment duly noted in the incumbrance book before the execution of the plaintiff’s botes and mortgage. Such being the fact, it is claimed by Loomis that the plaintiff had constructive notice of his claim.
x. notice : inSook'attackment. But where an equitable interest in land, which does not appear of record, is attached, and a statement thereof is entered in the incumbrance book, the book does not constitute constructive notice to a vendee or mortgagee of the person holding the legal title. The law provides for no index to the land described in…
2Cases cited5 opinions
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- English v. WaplesSupreme Court of Iowa · 1862
- Preston, Kean & Co. v. Morris Case & Co.Supreme Court of Iowa · 1876
- Sims v. HammondSupreme Court of Iowa · 1871
- Whitney v. HeywoodMassachusetts Supreme Judicial Court · 1850
3Cited by13 opinions
- Bell v. PierschbacherSupreme Court of Iowa · 1954
- Robertson v. U. S. Live Stock Co.Supreme Court of Iowa · 1914
- Weare v. WilliamsSupreme Court of Iowa · 1892
- Blackman v. HendersonSupreme Court of Iowa · 1901
- State Savings Bank v. Universal Credit Co.Supreme Court of Iowa · 1943
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