James v. Newman
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. Frank W. Eiciielberger, Judge. Action in equity to foreclose a 'mortgage on real estate. Plaintiff is an assignee of the mortgage. Defense is made only by defendants G. W. and Mary G. Vespers, husband and wife. These defendants were not parties to the mortgage, but were subsequent purchasers of the mortgaged property from the mortgagee in alleged good faith and for full value and without notice of plaintiff’s rights.
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Appeal from Appanoose District Court. — Hon. Frank W. Eiciielberger, Judge. Action in equity to foreclose a 'mortgage on real estate. Plaintiff is an assignee of the mortgage. Defense is made only by defendants G. W. and Mary G. Vespers, husband and wife. These defendants were not parties to the mortgage, but were subsequent purchasers of the mortgaged property from the mortgagee in alleged good faith and for full value and without notice of plaintiff’s rights. There was a decree for the defendants, and the plaintiffs appeal.
1Opinion of the CourtEvans, J.
The real estate involved was formerly owned by John Newman, who on July 10, 1894, executed a mortgage thereon for $400 to the Clark & Peatman Investment Company. The mortgage was duly recorded on July 19, 1894. As the mortgage now appears, it bears a written assignment by the Clark & Peatman Investment Company to Wm. M. James, purporting to have been made on July 10, 1894. This assignment, however, was neither acknowledged ■ nor recorded. On March 1, 1895, the mortgagors, John Newman and wife, conveyed the property by warranty deed to the mortgagee, Clark & Peatman Investment Company, and…
2Cases cited8 opinions
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- Bank of the State v. AndersonSupreme Court of Iowa · 1863
- Farmer v. Bank of GraettingerSupreme Court of Iowa · 1906
- Bowling v. CookSupreme Court of Iowa · 1874
- Jenks v. ShawSupreme Court of Iowa · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rice v. TaylorCalifornia Supreme Court · 1934
- Parry v. ReinertsonSupreme Court of Iowa · 1929
- United States v. Cedar Valley Livestock Exchange, Inc.District Court, N.D. Iowa · 1958
- Wood v. SwanSupreme Court of Iowa · 1928
- Fleck v. Iowa Employment Security CommissionSupreme Court of Iowa · 1943
8 more not listed; retrieve them via the Exa API.