Port v. Embree
Supreme Court of Iowa
Appeal from 1mm District Court. Action, in chancery to foreclose two mortgages. The appellant in the court below claiming to hold a paramount mortgage on the lands described in plaintiff’s mortgage, and asking that his mortgage be foreclosed. The relief prayed for in plaintiff’s petition was granted, and the intervenor’s petition was dismissed. The intervenor appeals.
1Opinion of the CourtBeck, J.
I. The petition prays the foreclosure of two mortgages covering the same land, both executed by Ezra Embree; the first made to J. C. Butler, March 27, 1876, and transferred to plaintiff, the second executed to plaintiff December 7, 1876.
The intervenor, in his petition, alleges that he sold and conveyed the land described in the mortgage to Ezra Embree, in 1863, a part of the purchase money being secured by a mortgage executed at the time, and afterward dnly recorded; that through the mistake of the scrivener drawing it the intervenor’s mortgage failed to describe correctly the land intended…
2Cited by17 opinions
- Steffian v. Milmo National BankTexas Supreme Court · 1888
- Bowen v. Lansing Wagon WorksTexas Supreme Court · 1898
- Commercial Nat. Bank v. PirieCourt of Appeals for the Eighth Circuit · 1897
- Koon v. TramelSupreme Court of Iowa · 1887
- Rea v. WilsonSupreme Court of Iowa · 1900
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