Cook & Sargent v. Dillon
Supreme Court of Iowa
Appeal from Scott District Court. Our the 2d April, 1857, Alexander H. Barrow, to secure the payment of several promissory notes made by him, executed and delivered to John E. Dillon, a deed of trust, conveying to said Dillon, as trustee, a tract of land in Scott county; and authorizing said Dillon, in case of non-payment of said notes, or either of them, to sell said land, and from the proceeds of the sale, to pay the said notes, with the costs and expenses of sale, &c.
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Appeal from Scott District Court. Our the 2d April, 1857, Alexander H. Barrow, to secure the payment of several promissory notes made by him, executed and delivered to John E. Dillon, a deed of trust, conveying to said Dillon, as trustee, a tract of land in Scott county; and authorizing said Dillon, in case of non-payment of said notes, or either of them, to sell said land, and from the proceeds of the sale, to pay the said notes, with the costs and expenses of sale, &c. One of said notes, being for $1090.00, not being paid when due, the said trustee on the 31st December, 1858, having given…
1Opinion of the Court
Stockton, J.1
By the conveyance from Barrow to Dillon, the legal title of the grantor in real estate, passed to Dillon, the trustee, subject to be defeated on the payment of the money by Barrow in accordance with the terms of the deed of trust. Barrow retained only a right to redeem, and upon this interest the judgments in favor of Cook & Sargent, Whittaker and Biggs, were liens. Our statute has made judgments in the Supreme or District Courts liens upon all *412interests in real estate, legal and equitable. Code, sections 2485, and 26.
Upon farther examination of the authorities, since the…
2Cases cited1 opinion
- Adams v. DyerNew York Supreme Court · 1811
3Cited by20 opinions
- Elston v. CastorIndiana Supreme Court · 1885
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Dickey v. LyonSupreme Court of Iowa · 1865
- Taylor v. BranscombeSupreme Court of Iowa · 1888
- Lippencott v. WilsonSupreme Court of Iowa · 1875
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