County of Henry v. Bradshaw
Supreme Court of Iowa
Appeal from Henry District Court. Plaintiff asks the foreclosure of mortgage given by Bradshaw and wife to secure a loan of school money by the school fund commissioner. Walker, the appellant, claims a paramount title to the mortgaged premises under certain proceedings to enforce a vendor’s lien. And his title may be stated first.
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Appeal from Henry District Court. Plaintiff asks the foreclosure of mortgage given by Bradshaw and wife to secure a loan of school money by the school fund commissioner. Walker, the appellant, claims a paramount title to the mortgaged premises under certain proceedings to enforce a vendor’s lien. And his title may be stated first. White deeded the land to Bradshaw in December, 1855; the deed was recorded in February, 1856, and on the 5th of August of that year, White filed his petition asking a vendor’s lien for the unpaid purchase-money; the notice being placed in the officer’s hands for…
1Opinion of the CourtWright, J.
i vendor vendee: lien' The equities of these parties and the law of the case, was correctly apprehended by the court below. Defendant is not in the position of an innocent purchaser, without notice. He is hot in the attitude of one paying his money after the making of a conveyance to a third person by his vendor, and before notice actual or constructive of such conveyance. Whether A. should convey to B. and afterwards to C.' (who parts with his money and takes his deed without notice of B.’s title), the recording of B.’s deed before that *360to C. would operate to defeat C.’s title, is a question…
2Cases cited6 opinions
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Elsey v. MetcalfCourt for the Trial of Impeachments and Correction of Errors · 1845
- Day v. GriffithSupreme Court of Iowa · 1863
- St. John v. American Mutual Life InsuranceThe Superior Court of New York City · 1853
- Savery v. BrowningSupreme Court of Iowa · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clark v. AkersSupreme Court of Kansas · 1876
- Hoover v. Bankers' Life Ass'nSupreme Court of Iowa · 1912
- Crabtree v. CrabtreeSupreme Court of Iowa · 1907
- Nichols v. SadlerSupreme Court of Iowa · 1896
- Sieferer v. City of St. LouisSupreme Court of Missouri · 1897
1 more not listed; retrieve them via the Exa API.