Legal Opinion

Citizens' State Bank v. Sanatorium

Supreme Court of Iowa

Decided March 14, 1917PublishedCited by 5 opinions

Appeal from Jasper District Court. — K. E. Willcockson, Judge. Suit in equity for the foreclosure of a mortgage against the sanatorium company. Hollingsworth, as administrator, and others, intervened, claiming that they, or the estate which they represent, hold' a lien prior to plaintiff’s mortgage, and they asked that their prior lien - be protected.

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Appeal from Jasper District Court. — K. E. Willcockson, Judge. Suit in equity for the foreclosure of a mortgage against the sanatorium company. Hollingsworth, as administrator, and others, intervened, claiming that they, or the estate which they represent, hold' a lien prior to plaintiff’s mortgage, and they asked that their prior lien - be protected. The-trial court, upon issues joined, granted-the relief prayed by plaintiff,' and dismissed the petition of intervention, and interveners appeal.

1Opinion of the CourtDeemer, J.

*• ment oTesfaté: juruaictfon™?" t'0Ult The defendant company' is-a 'corporation organized under the laws of this state, and the owner of a hotel or sanatorium in the town of Colfax. Prior to his death,' James Brown owned 10 shares of the stock of this corporation; and Florence Sherbon, his daughter, owned 7 shares in her own right, and had a contract for the purchase of the remaining 6 shares. There were 23 shares outstanding, of the par value of $1,000 each. Brown was the president of the corporation for some years prior to his death, and held that position when he died. The daughter,…

2Cases cited4 opinions

  1. Ryan v. HutchinsonSupreme Court of Iowa · 1913
  2. Cowins v. ToolSupreme Court of Iowa · 1872
  3. Scully v. . McGrathNew York Court of Appeals · 1911
  4. Van Aken v. ClarkSupreme Court of Iowa · 1891

3Cited by5 opinions

  1. Cambridge Tempositions, Inc. v. Cassis (In Re Cassis)United States Bankruptcy Court, N.D. Iowa · 1998
  2. In Re Estate of CocklinSupreme Court of Iowa · 1945
  3. In Re Estate of DureySupreme Court of Iowa · 1932
  4. In Re Estate of MeinertSupreme Court of Iowa · 1927
  5. Randell v. FellersSupreme Court of Iowa · 1934

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