Jordan v. Winser
Supreme Court of Iowa
Appeal from Keokuk District Gou/rt. In July, 18T5, plaintiff commenced an action against the defendant Winser, for the foreclosure of two mortgages upon certain real estate. . In August, 18T5, G. F. Snyder intervened in the action, claiming that before the mortgages were executed, he sold and conveyed the mortgaged premises to Winser, and that $1,200 of the purchase money was yet due and owing, and that at the time plaintiff’s intestate purchased said mortgages he had actual…
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Appeal from Keokuk District Gou/rt. In July, 18T5, plaintiff commenced an action against the defendant Winser, for the foreclosure of two mortgages upon certain real estate. . In August, 18T5, G. F. Snyder intervened in the action, claiming that before the mortgages were executed, he sold and conveyed the mortgaged premises to Winser, and that $1,200 of the purchase money was yet due and owing, and that at the time plaintiff’s intestate purchased said mortgages he had actual notice of the intervenor’s said, claim, and that the same was for said purchase money. He prayed that his claim be…
1Opinion of the Court
Rothrock, Ch. J.
*1821. practice trial new *181I. The basis of the first decree in the court below was that section 1940 of the Code, which requires *182vendors’ liens to be evidenced by conveyance, mortgage, or other instrument, duly acknowledged and recorded, applied to liens which accrued prior to the Code. In this view it was entirely immaterial whether or not Jordan knew of Snyder’s claim at the time he took his lien. Upon appeal this court held that sec. 1940 had no application to this action, because the vendor’s lien existed before the Code took effect. The question of the notice of the lien then…
2Cited by4 opinions
- State v. CarsonSupreme Court of Iowa · 1919
- Watson v. BartholomewSupreme Court of Iowa · 1898
- Kershman v. SwehlaSupreme Court of Iowa · 1883
- State v. WycoffSupreme Court of Iowa · 1900