Reel v. Wilson
Supreme Court of Iowa
Appeal from Harrison District Oourt. This is an action in equity, by wbicli it is sought to redeem certain land from a sale upon the foreclosure of a mortgage. There was a demurrer to the petition, which was overruled, and the defendant, T. B. Parker, appeals.
1Opinion of the Court
Rothrock, Oh. J.
It appears from the averments of the petition that on the first day of December, 1875, one Erum was the owner of the land in controversy, and on that day he executed a mortgage thereon to Mary L. Benedict to secure a loan of $800. On the 3d day of January, 1876, Erum executed another mortgage upon the land to Wm. N. *14Perry, to secure the payment of three promissory notes of said Frum to Perry, given as purchase-money for the premises, and due in one, two and three years respectively. The mortgages were recorded, and the one given to Benedict was prior and superior to that of…
2Cases cited2 opinions
- Bank of the State v. AndersonSupreme Court of Iowa · 1863
- Martindale v. BurchSupreme Court of Iowa · 1881
3Cited by11 opinions
- State ex rel. Jones v. FroehlichWisconsin Supreme Court · 1902
- Rogers v. HoustonTexas Supreme Court · 1901
- Jenks v. ShawSupreme Court of Iowa · 1896
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
- Thauer v. SmithWisconsin Supreme Court · 1933
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