Woodward v. Davis
Supreme Court of Iowa
Appeal from Scott- Circuit Coivrt. B. B. Woodward, as trustee, being the holder of three mortgages upon lot one, and the west twenty-four feet of lot two, in block fifty-seven in the city of Davenport, commenced his action of foreclosure, making George L. Davenport, the mortgagee, and other parties who were interested as lien holders, parties defendant.
Read the full summary
Appeal from Scott- Circuit Coivrt. B. B. Woodward, as trustee, being the holder of three mortgages upon lot one, and the west twenty-four feet of lot two, in block fifty-seven in the city of Davenport, commenced his action of foreclosure, making George L. Davenport, the mortgagee, and other parties who were interested as lien holders, parties defendant. John S. Davis, one of said defendants, held a mortgage upon the same property, which was junior to the mortgages held by Woodward. George A. Davenport had two judgments against said George L. Davenport, amounting in the aggregate to over…
1Opinion of the CourtRotiirock, J.
í mortgage • er1inIieguirs’ tItle-There is but a single question presented in this record for our determination. It is this: Was the mortS’age ^7 PaUs merged in the legal title taken ^7 ^7 ^10 conveyance from Davenport? If it was not so merged, and if Davis notwithstanding the conveyance was entitled, as against junior incumbrancers, to set up the mortgage as a prior lien, the decree of the court below was erroneous. It is proper to say in the outset that there is nothing in the record to justify an inquiry into the good faith or fairness of the compromise made by Davis and Davenport. It is…
2Cases cited1 opinion
- Wickersham v. ReevesSupreme Court of Iowa · 1855
3Cited by14 opinions
- Byington v. FountainSupreme Court of Iowa · 1883
- Gray v. NelsonSupreme Court of Iowa · 1889
- Patterson v. MillsSupreme Court of Iowa · 1886
- Lutz v. CunninghamSupreme Court of Iowa · 1949
- Smith v. SwanSupreme Court of Iowa · 1886
9 more not listed; retrieve them via the Exa API.