Savery v. Browning
Supreme Court of Iowa
Appeal from Polk District Court. Petition, in equity, to remove cloud upon plaintiff’s title. 1. For the named consideration of $3,000, one Andrew J. Stevens, on the 18th day of April, 1856, executed a warranty deed to the plaintiff for the land in dispute.
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Appeal from Polk District Court. Petition, in equity, to remove cloud upon plaintiff’s title. 1. For the named consideration of $3,000, one Andrew J. Stevens, on the 18th day of April, 1856, executed a warranty deed to the plaintiff for the land in dispute. The acknowledgment bears date 18th April, 1856, but the deed was not recorded until Nov. 24th, 1857. 2. Before this deed was recorded, viz., September 3, 1857, the defendant, Browning, a creditor of said Stevens, procured an attachment to bo issued against Stevens, and levied upon the property embraced in Stevens’ deed to the plaintiff. In…
1Opinion of the CourtDillon, J.
1. Liens: attachment and unrecorded deed. -1. As the plaintiff’s deed from Stevens was of date prior to the levy of the attachment, and as it was recorded prior to defendant’s purchase under his * * execution, the plaintiff’s title is, under the decis\ ± 7 ions in this State, the better one. This is upon the assumption that the plaintiff’s deed was executed and delivered to him before the defendant’s attachment was levied, and that it was not fraudulent as to the creditors of Stevens. Norton, Jewett & Busby v. Williams, 9 Iowa, 528; Welton v. Tizzard, 15 Id., and prior cases there cited.
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2Cases cited16 opinions
- Elsey v. MetcalfCourt for the Trial of Impeachments and Correction of Errors · 1845
- Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
- Firemen's Insurance v. McMillanSupreme Court of Alabama · 1856
- Houston v. StantonSupreme Court of Alabama · 1847
- Barry v. HoffmanCourt of Appeals of Maryland · 1854
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3Cited by7 opinions
- Jones v. BetzSupreme Court of Iowa · 1926
- Sherwin v. GaghagenNebraska Supreme Court · 1894
- Gates Iron Works v. CohenColorado Court of Appeals · 1896
- County of Henry v. BradshawSupreme Court of Iowa · 1866
- Houghton v. DavenportSupreme Judicial Court of Maine · 1883
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