Bain v. Ullerich
Supreme Court of Iowa
Appeal from, Linn District Court. — F. F. Dawley, Judge. Action at law for damages, aided by attachment. R. Lord intervened, alleging in his petition that he was the holder of a prior mortgage upon the attached property, and asked that his rights thereunder be protected. Judgment was entered in the main action as prayed, and the lien of the attachment confirmed.
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Appeal from, Linn District Court. — F. F. Dawley, Judge. Action at law for damages, aided by attachment. R. Lord intervened, alleging in his petition that he was the holder of a prior mortgage upon the attached property, and asked that his rights thereunder be protected. Judgment was entered in the main action as prayed, and the lien of the attachment confirmed. The court also found that the lien of intervener was prior and senior to the attachment lien,, and that plaintiffs were not entitled to a vendors’ lien, as alleged in their answer to petition of intervention. Plaintiffs appeal.
1Opinion of the CourtStevens, J.
Mortgages : priority over attachment lien. I. We gather from the abstract and argument of counsel that, on or about October 6, 1916, the Cedar Rapids Floral Company, a corporation, conveyed Lots 9 and .10, Block 1, Geo. T. Hedges First Addition to Cedar Rapids, to Chester A. Pelser, and that; on September 5th, Bain Bros. Manufacturing Company, a corporation, conveyed Lot 8 in said addition to said Pelser. The stock of the Cedar Rapids Floral Company was, at the time, owned by J. S. and B. L. Bain, who also owned the stock of the Bain Bros. Manufacturing Company. On the 24th day of October,…
2Cases cited13 opinions
- Robertson v. U. S. Live Stock Co.Supreme Court of Iowa · 1914
- Theodore Hamm Brewing Co. v. FlagstadSupreme Court of Iowa · 1918
- Stein v. McAuleySupreme Court of Iowa · 1910
- Todd v. DaveySupreme Court of Iowa · 1883
- Porter v. City of DubuqueSupreme Court of Iowa · 1866
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