Legal Opinion

Equitable Life Ins. v. Slye

Supreme Court of Iowa

Decided April 18, 1877PublishedCited by 6 opinions

Appeal from Polk Circuit Court.. Action to foreclose a mortgage executed to the plaintiffs by J. A. Slye and others, who are made defendants. Others still are made defendants as holding liens upon the mortgaged property. The question involved is as to whether the mortgage has priority over certain mechanic’s liens held respectively by the defendants, McDonald & Meara, Brooks, Wilson & Stein, and Martin Tuttle. The facts are stated in the opinion.

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Appeal from Polk Circuit Court.. Action to foreclose a mortgage executed to the plaintiffs by J. A. Slye and others, who are made defendants. Others still are made defendants as holding liens upon the mortgaged property. The question involved is as to whether the mortgage has priority over certain mechanic’s liens held respectively by the defendants, McDonald & Meara, Brooks, Wilson & Stein, and Martin Tuttle. The facts are stated in the opinion. Decree for plaintiffs, establishing the mortgage as-paramount to all other liens. The defendants, McDonald & Meara, Brooks, Wilson & Stein, and…

1Opinion of the CourtAdams, J.

i. mechanic’s lion: priority: mortgage. The mortgage was executed upon certain lots in the city of Des Moiries. Upon them was standing at the time a paper mill. Both the building and machinery , . were considerably out ot repair, and soon alter the execution of the mortgage the mortgagors removed nearly all the old building, and erected a new one in its place. A portion of the machinery was removed and new machinery supplied. The defendant, Tuttle, furnished labor and materials for the foundation of the building. The defendants, McDonald & Meara, furnished labor and materials in the…

2Cases cited1 opinion

  1. Mazouck v. Iowa Northern R. R.Supreme Court of Iowa · 1871

3Cited by6 opinions

  1. Farmers Loan & Trust Co. v. Canada & St. Louis Railway Co.Indiana Supreme Court · 1891
  2. Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
  3. Kilpatrick v. Kansas City & Beatrice RailroadNebraska Supreme Court · 1894
  4. City of Portland v. Indianapolis Mortar & Fuel Co.Indiana Court of Appeals · 1914
  5. Bear v. B., C. R. & M. R. Co.Supreme Court of Iowa · 1878

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