Escher v. Simmons
Supreme Court of Iowa
Appeal from Oedar District Oourt. This action is brought to recover the purchase price of 'certain real estate, and to declare the judgment recovered a lien upon the land sold. By consent the cause was referred to the Hon. John Shane, judge of the District Court, to make up and‘try the issues of law and fact, and report bis findings therein.
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Appeal from Oedar District Oourt. This action is brought to recover the purchase price of 'certain real estate, and to declare the judgment recovered a lien upon the land sold. By consent the cause was referred to the Hon. John Shane, judge of the District Court, to make up and‘try the issues of law and fact, and report bis findings therein. The facts of the case are fully presented by the report of the referee, which is as follows: “ 1. That on the fifth day of April, 1875, plaintiff sold to defendant, Abraham Simmons, the east of the northwest ¿, and the west of the northeast ^ of section…
1Opinion of the CourtDay, J.
1.mortgage: merger. ' I. The only question involved in the case is whether the plaintiff, either in virtue of a vendor’s lien or the mortgage, retains a lien which can be enforced against the property in question. The vendor’s lien was merged in and displaced by the mortgage. • Both cannot exist and be enforced at the same time. Stuart v. Harrison, 52 Iowa, 511. The existence of a vendor’s lien must, therefore, be regarded as entirely out of the case.
2.--: forestaiiment: lien. II. It has been held by this court that a foreclosure of a mortgage and sale of the entire mortgaged premises, for an…
2Cases cited3 opinions
- Clayton v. EllisSupreme Court of Iowa · 1879
- Poweshiek County v. DennisonSupreme Court of Iowa · 1873
- Stuart v. HarrisonSupreme Court of Iowa · 1879
3Cited by19 opinions
- Flanders v. AumackOregon Supreme Court · 1897
- Hervey v. KrostIndiana Supreme Court · 1888
- Horn v. Indianapolis National BankIndiana Supreme Court · 1890
- Todd v. DaveySupreme Court of Iowa · 1883
- Wells v. OrdwaySupreme Court of Iowa · 1899
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