Sharpless v. Gregg
Supreme Court of Iowa
Appeal from Johnson Circuit Court. The facts of this case briefly stated are as follows: O. H. Berryhill made two certain deeds of conveyance, each for the consideration of one dollar and love and affection, and with covenants of warranty, without exception, or reference to existing incumbrances. One of said deeds was made to his son Samuel L. Berryhill. The property conveyed was certain real estate'situated in Iowa Oity.
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Appeal from Johnson Circuit Court. The facts of this case briefly stated are as follows: O. H. Berryhill made two certain deeds of conveyance, each for the consideration of one dollar and love and affection, and with covenants of warranty, without exception, or reference to existing incumbrances. One of said deeds was made to his son Samuel L. Berryhill. The property conveyed was certain real estate'situated in Iowa Oity. At the time of the conveyance, which was dated March 18, 1873, the premises conveyed were incumbered by a mortgage, dated Sept. 30,1871, properly recorded, given by O. H.…
1Opinion of the CourtEqthrock, J.
i. convex-, ishator. It will be observed that this is a contest between the heirs of decedent, and not between the grantees in the deeds and the mortgagees of the property conveyed by the deeds. There is no doubt as to the right of the mortgagees to proceed against the mortgaged property, if they so elect. It appears from the bill of exceptions that they had, at the time of hearing in the court below, commenced actions for the foreclosure of the mortgages.
But this election or right of election, it seems to us, is an immaterial consideration in determining the question here presented. There is…
2Cases cited1 opinion
- Black v. BlackSupreme Court of Iowa · 1874
3Cited by4 opinions
- In re Estate of DaltonSupreme Court of Iowa · 1918
- Toner v. CollinsSupreme Court of Iowa · 1885
- Estate of Brackey v. JensenSupreme Court of Iowa · 1914
- Ganoe v. SwisherSupreme Court of Iowa · 1940