Fletcher v. Kelly
Supreme Court of Iowa
Appeal from O’Brien District Court. — Hon. Scott M. Ladd, Judge. Action for the foreclosure of a mortgage against it leasehold.. The facts are stated in the opinion of the court. From a decree adjudging the plaintiff’s mortgage a first lien upon the property, certain of the defendants appeal. All parties were held to know the extent of S. R. Kelly’s interest, and that it was a leasehold interest and that he was a tenant.
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Appeal from O’Brien District Court. — Hon. Scott M. Ladd, Judge. Action for the foreclosure of a mortgage against it leasehold.. The facts are stated in the opinion of the court. From a decree adjudging the plaintiff’s mortgage a first lien upon the property, certain of the defendants appeal. All parties were held to know the extent of S. R. Kelly’s interest, and that it was a leasehold interest and that he was a tenant. A notice of a lease is notice of all the covenants and provisions contained in it. Having notice of its existence, all parties are chargeable-with notice of all its contents,…
1Opinion of the CourtKinne, J.
The defendants Mary M. Kelly and Mary M. K. Judd are the same person. The pleadings and stipulations of the parties cover about one hundred printed pages. We shall endeavor to state the facts touching the matters in controversy between the parties, in so far as they are material to the questions raised by these appeals:
Prior to November 1, 1882, the defendant S. R. Kelly had been negotiating with the officers of the defendant, the Chicago, Milwaukee & St. Paul Railway Company for the purchase, of them, of a tract of ground-lying at the side of, and ádjacent to, the right of way of said…
2Cases cited17 opinions
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Potter v. . CromwellNew York Court of Appeals · 1869
- Binkley v. ForknerIndiana Supreme Court · 1889
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
- Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ford v. VenardSupreme Court of Iowa · 1983
- Kelly v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
- General Mortgage Corporation of Iowa v. CampbellSupreme Court of Iowa · 1965
- Knapp v. BaldwinSupreme Court of Iowa · 1931
- Queal Lumber Co. v. LipmanSupreme Court of Iowa · 1925
13 more not listed; retrieve them via the Exa API.