Barney v. McCarty
Supreme Court of Iowa
Appeal from Lee District Court. This is an action brought to foreclose a mortgage upon lot 12, block 29, City of Keokuk, executed by Jonathan McCarty to Marsh, Lee & Delavan, for balance of purchase money, and which has now become the property of petitioner. k The mortgage was dated 23d of October, 1847, duly acknowledged 25th of October, 1847, filed in the Eecorder’s office of Lee County for record on the 17th day of December, 1847, and was recorded at large on the 7th day…
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Appeal from Lee District Court. This is an action brought to foreclose a mortgage upon lot 12, block 29, City of Keokuk, executed by Jonathan McCarty to Marsh, Lee & Delavan, for balance of purchase money, and which has now become the property of petitioner. k The mortgage was dated 23d of October, 1847, duly acknowledged 25th of October, 1847, filed in the Eecorder’s office of Lee County for record on the 17th day of December, 1847, and was recorded at large on the 7th day of January, 1848, in book 2, page 186, being in its proper order and place in said records; and on the original…
1Opinion of the CourtDillon, J.
I. The first ground upon which the appellant seeks to reverse the decree below is, that the defendants, Wm. and R. L. Ruddick and Guy Wells, had actual notice of the mortgage in suit at the time when they respectively purchased the portions of the lot now owned by them.
This question cannot for several reasons be examined in this Court. By the Revision (§ 3000) mortgages are to be foreclosed as in cases of ordinary proceedings; and by section 2999 the Court on appeal “ shall try only the legal errors ” [of the cause] “ duly presented, as in a case of ordinary proceedings, including the…
2Cases cited7 opinions
- Merrick v. WallaceIllinois Supreme Court · 1858
- Sawyer v. AdamsSupreme Court of Vermont · 1836
- Porter v. GreenSupreme Court of Iowa · 1857
- Sanger v. CraigueSupreme Court of Vermont · 1838
- Bank v. Sheriff of Sevier CountyTennessee Supreme Court · 1849
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3Cited by19 opinions
- Gilchrist v. GoughIndiana Supreme Court · 1878
- Ritchie v. MetcalfeWashington Supreme Court · 1890
- Yerger v. BarzSupreme Court of Iowa · 1881
- Harry E. McHugh, Inc. v. HaleyNorth Dakota Supreme Court · 1931
- Union Bank & Trust Co. of Stanwood v. WilleySupreme Court of Iowa · 1946
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