Stastny v. Pease
Supreme Court of Iowa
Appeal ' from Linn ' District Court. — 11 on. William G-. Thompson, Judge. Suit in equity, in which plaintiffs seek the re-establishment of certain liens upon a lot in the city of Cedar Rapids, for subrogation to the rights of the original holders thereof, to enjoin the issuance of a sheriff’s deed for said property to the defendant Pease, that a sheriff’s certificate issued to him be declared to be no lien upon the property, to cancel the said certificate, and for other…
Read the full summary
Appeal ' from Linn ' District Court. — 11 on. William G-. Thompson, Judge. Suit in equity, in which plaintiffs seek the re-establishment of certain liens upon a lot in the city of Cedar Rapids, for subrogation to the rights of the original holders thereof, to enjoin the issuance of a sheriff’s deed for said property to the defendant Pease, that a sheriff’s certificate issued to him be declared to be no lien upon the property, to cancel the said certificate, and for other equitable relief. The trial court granted the relief prayed, and defendant appeals.
1Opinion of the CourtDeemer, J.
The facts are not in dispute. It appears that the property in controversy was at one time owned by O. P. Sargent. While he was the owner thereof, and on April 6, 1895, he made a mortgage upon the same to the Perpetual Building & Loan Association to secure the sum of $250. On January 11, 1897, he made another mortgage thereon to the same association to secure the sum of $200. On January 26, 1897, the defendant secured judgment against O. P- Sargent and his wife, Agnes, for the sum of $196.07 and costs, which was a lien upon the property junior and inferior to the mortgage liens. In the year…
2Cases cited17 opinions
- Kitchell v. MudgettMichigan Supreme Court · 1877
- Rice v. WintersNebraska Supreme Court · 1895
- Fort Dodge Building & Loan Ass'n v. ScottSupreme Court of Iowa · 1892
- Carlton v. JacksonMassachusetts Supreme Judicial Court · 1877
- Alvis v. AlvisSupreme Court of Iowa · 1904
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Burgoon v. LavezzoCourt of Appeals for the D.C. Circuit · 1937
- Kahn v. McConnellSupreme Court of Oklahoma · 1913
- Tynes v. SmithSupreme Court of Oklahoma · 1924
- Belcher v. BelcherOregon Supreme Court · 1939
- Fidelity & Deposit Co. v. VanceSupreme Court of Oklahoma · 1926
2 more not listed; retrieve them via the Exa API.