Kerndt & Bros. v. Porterfield
Supreme Court of Iowa
Appeal from Allamakee District Oov/rt. Action in chancery to foreclose a mortgage executed by defendants Porterfield and wife. A decree was entered declaring plaintiff’s mortgage junior to a mortgage under which one of the other defendants claims. Plaintiffs appeal. The facts of the case are stated in the opinion.
1Opinion of the CourtBeck, J.
I. The promissory note secured by the mortgage, which plaintiffs seek to foreclose, was executed October 20th, 1865, and was due three years after date. The petition shows that the mortgagors executéd a written promise to pay the debt, thereby reviving it, on the 22d day of January, 1870. 0. O. Howard is made a defendant, the petition alleging that he has or claims to have a lien or interest in the property covered by the mortgage, inferior and subject to plaintiffs’ mortgage.
Howard in his answer alleges that Porterfield and wife, on the 6th day of August, 1875, executed to him -a mortgage…
2Cases cited7 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Wood v. GoodfellowCalifornia Supreme Court · 1872
- Clinton County v. CoxSupreme Court of Iowa · 1873
- Day v. BaldwinSupreme Court of Iowa · 1872
- Waterson v. KirkwoodSupreme Court of Kansas · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Boucofski v. JacobsenUtah Supreme Court · 1909
- Gilman v. HeitmanSupreme Court of Iowa · 1907
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Senninger v. RowleySupreme Court of Iowa · 1908
- Jenks v. ShawSupreme Court of Iowa · 1896
11 more not listed; retrieve them via the Exa API.