Legal Opinion

Davis v. Lutkiewiez

Supreme Court of Iowa

Decided June 28, 1887PublishedCited by 9 opinions

Appeal from Audubon District Court. This is an action in equity, and involves the question as to the priority of a mortgage upon certain real estate made by the defendant Lutldewiez to the plaintiff over a mortgage made by the'same party to the defendants John S. Davis & Sons. The court below held the plaintiff’s mortgage to be the prior lien. John S. Davis & Sons appeal.

1Opinion of the Court

Rothrock. J.

In the month of May, 1883, the plaintiff was the owner of forty acres- of land in Audubon county. He made a sale of it to the defendant Lutkiewiez, and conveyed the same to him by deed. At the same time, Lutkie-wiez executed a mortgage to the plaintiff to secure the payment of part of the purchase-money. It was intended that this mortgage should be upon the land sold, but by a mistake the mortgage was made upon another forty-acre tract. The mortgage was recorded soon after it was made. The deed was not recorded for some time afterwards. The defendants John S. Davis & Sons…

2Cases cited3 opinions

  1. Sillyman v. KingSupreme Court of Iowa · 1873
  2. Koon v. TramelSupreme Court of Iowa · 1887
  3. Port v. EmbreeSupreme Court of Iowa · 1880

3Cited by9 opinions

  1. Smith v. PattishallSupreme Court of Florida · 1937
  2. Jennings v. LentzOregon Supreme Court · 1908
  3. Smith v. PattishallSupreme Court of Florida · 1937
  4. Hudson-Houston Lbr. Co. v. First State BankSupreme Court of Oklahoma · 1928
  5. Wixon v. WixonSupreme Court of Colorado · 1925

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