Davis v. Lutkiewiez
Supreme Court of Iowa
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
- Sillyman v. KingSupreme Court of Iowa · 1873
- Koon v. TramelSupreme Court of Iowa · 1887
- Port v. EmbreeSupreme Court of Iowa · 1880
3Cited by9 opinions
- Smith v. PattishallSupreme Court of Florida · 1937
- Jennings v. LentzOregon Supreme Court · 1908
- Smith v. PattishallSupreme Court of Florida · 1937
- Hudson-Houston Lbr. Co. v. First State BankSupreme Court of Oklahoma · 1928
- Wixon v. WixonSupreme Court of Colorado · 1925
4 more not listed; retrieve them via the Exa API.