Phelps v. Fockler
Supreme Court of Iowa
Appeal from Floyd Cweuit Gourt. • Action to foreclose a real estate mortgage executed to the plaintiff by one Earners. Henry Foekler was made defendant, as claiming an interest in the property. He appeared and set up a mortgage, and averred that it was paramount to the plaintiff’s. The court held that the plaintiff’s mortgage was paramount, and rendered a decree accordingly. The defendant appeals.
1Opinion of the CourtAdams, J.
— The defendant’s mortgage was executed upon the seventh day of December, 1S77, and was given for the purchase money. It was not, however, -recorded until the twenty-fourth of December. The plaintiff’s mortgage was *341both executed and recorded on the fifteenth of December. The defendant contends, however, that his equity is superior to plaintiff’s for this reason, if for no other, that the plaintiff’s mortgage was given to secure a pre-existing debt, and that, too, without any extension of time being given for the payment of the debt. The fact appears to be that the plaintiff had several small…
2Cases cited3 opinions
- People Ex Rel. Smith v. FlaggNew York Court of Appeals · 1858
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Manhattan Co. v. EvertsonNew York Court of Chancery · 1833
3Cited by13 opinions
- Koon v. TramelSupreme Court of Iowa · 1887
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Senneff v. BrackeySupreme Court of Iowa · 1914
- Smith v. MooreSupreme Court of Iowa · 1900
- Chariton & Lucas County National Bank v. TaylorSupreme Court of Iowa · 1930
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