Stewart v. Huff
Supreme Court of Iowa
Appeal from Dubuque District Court. This is an action of right. The cause was submitted to the court without the intervention of a jury, and the court found the facts as follows: That prior to and on the 10th day of October, 1854, James Dyer was the owner, in fee simple, of the N. E. \ 'of section 31, T. 89, E. 2, west of the 5th P. M.; that the village of Dyersville is laid out upon said quarter section ; that on the 10th day of October, 1854, James Dyer executed and…
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Appeal from Dubuque District Court. This is an action of right. The cause was submitted to the court without the intervention of a jury, and the court found the facts as follows: That prior to and on the 10th day of October, 1854, James Dyer was the owner, in fee simple, of the N. E. \ 'of section 31, T. 89, E. 2, west of the 5th P. M.; that the village of Dyersville is laid out upon said quarter section ; that on the 10th day of October, 1854, James Dyer executed and delivered to William G-. Stewart and Emerson and Shields, a mortgage upon the following property, to wit: lots 39, 40, 41, 83,…
1Opinion of the CourtCole, J.
i. notice: p’at-I. The plaintiffs might have protected themselves perfectly, and secured a priority for their mortgage, by causing the plat of Dyersville, then in existence, to be duly recorded. Without such recorded plat, there was one link wanting in their chain of title, upon the record. The only means of supplying this defect in their record title, was to take possession of the property, *560or otherwise bring actual or constructive notice to the defendant, of the existence of the missing link. There is no finding of such fact, nor could the mortgage of certain lots in a town plat not upon…
2Cases cited1 opinion
- Scoles v. WelseySupreme Court of Iowa · 1860
3Cited by1 opinion
- Gatewood v. HouseSupreme Court of Missouri · 1877