McClelland v. Saul
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — IIon. Thomas M. Giberson, Judge. The plaintiffs brought this action to recover rent due. A landlord’s writ of attachment was levied on the property in controversy, upon which the appellees had a mortgage for the purchase price, which they claim is superior to the lien of the landlord. On motion the case was transferred to the equity side of the calendar. There was a trial on the merits, and a judgment for the appellees.
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Appeal from Cedar Rapids Superior Court. — IIon. Thomas M. Giberson, Judge. The plaintiffs brought this action to recover rent due. A landlord’s writ of attachment was levied on the property in controversy, upon which the appellees had a mortgage for the purchase price, which they claim is superior to the lien of the landlord. On motion the case was transferred to the equity side of the calendar. There was a trial on the merits, and a judgment for the appellees. The plaintiffs •appeal.
1Opinion of the CourtSiierwin, J.
1 *2102 *209The property involved in this case is a printing press and folder which were sold by appellees to the appellants’ tenant. There is a conflict in the evidence •as to just when the property was placed in the building, but we think it fairly appears that there was a completed delivery of the press and folder late on the nineteenth day of August, 1897. The mortgage under which appellees claim bears the date of August Id, 1897. It was acknowledged August 19th, and recorded the next day. The acknowledgement of the mortgage was taken by Mr. Good, of the firm of Deacon & Good, attorneys for the…
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