Huston v. Seeley
Supreme Court of Iowa
Appeal from Pollc District Court. Recording act : constructive notice : redemption PROM SALE UNDER DEED OP TRUST : DOWER INTEREST AS THE BASIS OP RIGHT TO REDEEM : NATURE OP DOWER INTEREST AND ITS ASSIGNABILITY \ DAMAGES POR DETENTION OP DOWER, etc. — The adversary parties to the present controversy are the plaintiff (Huston) and the defendant (Callanan), who claims tinder the defendant Seeley.
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Appeal from Pollc District Court. Recording act : constructive notice : redemption PROM SALE UNDER DEED OP TRUST : DOWER INTEREST AS THE BASIS OP RIGHT TO REDEEM : NATURE OP DOWER INTEREST AND ITS ASSIGNABILITY \ DAMAGES POR DETENTION OP DOWER, etc. — The adversary parties to the present controversy are the plaintiff (Huston) and the defendant (Callanan), who claims tinder the defendant Seeley. The property in dispute is a portion of a lot, with a block of buildings thereon, known as the “ Stringham .Block,” situate in the city of Des Moines. Both the parties claim under one Almira J.…
1Opinion of the Court
Dillon, Ch. J.
I. As to the notice imparted by the registration of the trust-deed.
1. recording act: variance in name. One object of the present suit is to have the mortgage executed by Mrs. Stringham and husband, _r ^ , / May 28th, 1856, to McGaughey, Muma & Co., and soon afterward assigned to the plaintiff, declared to be a prior lien to the deed of trust which was executed April 18th, 1856, and recorded on the 21st day of the same month. No actual notice to the plaintiff of the deed of trust is shown. vWas it constructive notice to him ? This he denies. And the ground of this denial is, that…
2Cases cited10 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
- Martin's Heirs v. MartinSupreme Court of Alabama · 1853
- Strong v. ClemIndiana Supreme Court · 1859
- Bank of Ogdensburgh v. ArnoldNew York Court of Chancery · 1835
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3Cited by17 opinions
- Thomas v. DesneySupreme Court of Iowa · 1881
- Morris v. GlaserNew Jersey Court of Chancery · 1930
- Loser v. Plainfield Savings BankSupreme Court of Iowa · 1910
- Hook v. Garfield Coal Co.Supreme Court of Iowa · 1900
- Van Veen v. Van VeenSupreme Court of Iowa · 1931
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