Century Savings Bank v. Moody
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Southern District of Iowa; Smith McPherson, Judge. In the matter of Oscar M. Hartzell, bankrupt. Prom an order entered on issues joined between the Century Savings Bank, Robert Moody & Son, and R. A. Crawford, administrator of the estate of Emma G. Johnson, deceased, the Century Savings Bank appeals.
1Opinion of the Court
HOOK, Circuit Judge.
This case involves the marshaling of the liens of three mortgagees. Omitting a number of facts which serve only to confuse, the situation in its last analysis was this: The common debtor mortgaged to Johnson 960 acres of land in Iowa. Embraced in the land was his homestead of 40 acres. He next mortgaged the 920 acres exclusive of his homestead to Moody. Then he mortgaged the whole 960 acres to the appellant, the bank. Upon judicial sale the lands were so sold that the proceeds of the homestead and nonhomestead portions were distinguishable. The total proceeds were more…
2Cases cited4 opinions
- Hanson v. EdgarWisconsin Supreme Court · 1874
- Linscott v. LamartSupreme Court of Iowa · 1877
- White v. PolleysWisconsin Supreme Court · 1866
- Smith v. WaitWisconsin Supreme Court · 1876
3Cited by2 opinions
- Century Savings Bank v. Robt. Moody & SonCourt of Appeals for the Eighth Circuit · 1913
- Baldwin v. Abercrombie & Fitch Co.District Court, S.D. New York · 1915