Taylor v. Wendling
Supreme Court of Iowa
Appeal from WinnesMelc Circuit Court. Action to foreclose a mortgage executed by Wenzel Taylor to his wife, Barbara, and by her assigned to the plaintiff. The defendants were made parties on the ground that they had liens on the mortgaged property which were junior to the plaintiff’s lien. The circuit court adjudged that the lien of the defendants was superior to the mortgage, and the plaintiff appeals.
1Opinion of the CourtServers, J.
1. judgment: joclSfas evidenoe of.
2. evidence: objections to: wbat considered on appeai. I. The defendant Wendling, for the purpose of establishing his lien, offered in evidence a certified abstract of the judgment docket of the district j & com’t of the county in which the land is situated, ¶0 evi(jence the plaintiff objected, on the ground that it was “ irrelevant, immaterial and incompetent.” The objection was overruled, and it is renewed in this court. In Moore v. McKinley, 60 Iowa, 367, it was held that the judgment docket is secondary evidence. In that case no objection was made to the…
2Cases cited5 opinions
- Moore v. McKinleySupreme Court of Iowa · 1882
- Butts v. PeacockWisconsin Supreme Court · 1868
- Davenport v. CummingsSupreme Court of Iowa · 1863
- Wood v. ScottSupreme Court of Iowa · 1880
- Lynde v. McGregorMassachusetts Supreme Judicial Court · 1866
3Cited by5 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- McMahon v. PithanSupreme Court of Iowa · 1914
- Bothwell v. FarwellSupreme Court of Iowa · 1888
- State v. Exline Fuel Co.Supreme Court of Iowa · 1937