State ex rel. School Fund v. Lake
Supreme Court of Iowa
Appeal from, Johnson District Court. This suit is brought to foreclose a mortgage upon certain lots in Iowa City, made by Elijah W. Lake and Susannah Lake, his wife, to Daniel Grillis, to secure one thousand dollars. The mortgage was made November 5th, 1855, and duly recorded; it commenced in the usual form, “ that we, Elijah W. Lake and Susannah Lake, his wife, of &c.,” and concluded with a general warranty and relinquishment of dower by the wife.
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Appeal from, Johnson District Court. This suit is brought to foreclose a mortgage upon certain lots in Iowa City, made by Elijah W. Lake and Susannah Lake, his wife, to Daniel Grillis, to secure one thousand dollars. The mortgage was made November 5th, 1855, and duly recorded; it commenced in the usual form, “ that we, Elijah W. Lake and Susannah Lake, his wife, of &c.,” and concluded with a general warranty and relinquishment of dower by the wife. This note and mortgage were assigned before due, by Grillis to James D. Eads, with the knowledge and consent of the mortgagors, who agreed to pay…
1Opinion of the CourtCole, J.
1. Judgment on mortgage debt.: date of lien. The main proposition relied upon by the appellant’s counsel, is that a mortgagee who has obtained a judgment at law, without reference to his mortgage, upon the notes secured thereby, and without any accident, mistake, ignorance -of fact, or his rights, purchased the mortgaged property rtnder general execution on such judgment for the full amount of his debt, can afterwards foreclose as against a second mortgagee, whose lien is subsequent to the recording of the first mortgage, but prior to the rendition of the judgment. If such mortgagee cannot…
2Cases cited9 opinions
- Brinckerhoff v. LansingNew York Court of Chancery · 1819
- Christy v. DyerSupreme Court of Iowa · 1863
- Dunham v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1818
- Wilhelmi v. LeonardSupreme Court of Iowa · 1862
- Mead v. YorkNew York Court of Appeals · 1852
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
- Port v. RobbinsSupreme Court of Iowa · 1872
- Chase v. AbbottSupreme Court of Iowa · 1866
- Morrison v. MorrisonSupreme Court of Iowa · 1874
- Delaware Railroad Construction v. Davenport & St. Paul Railway Co.Supreme Court of Iowa · 1877
4 more not listed; retrieve them via the Exa API.