Scoles v. Welsey
Supreme Court of Iowa
Appeal from Lee District Court. Chancery. The facts are fully stated in the opinion of the court. 1. Constructive notice is defined to be in its nature no more than evidence of notice, the presumption of which is so positive that the court will not even allow it to be controverted. Plumb v. Flint, 2 Anst. 438; Kennedy r.
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Appeal from Lee District Court. Chancery. The facts are fully stated in the opinion of the court. 1. Constructive notice is defined to be in its nature no more than evidence of notice, the presumption of which is so positive that the court will not even allow it to be controverted. Plumb v. Flint, 2 Anst. 438; Kennedy r. Green, '3 Myl. &. R. 719; Jones v. Smith, 1 Hare 55. 2. In England and in this country it has been very seriously questioned whether constructive notice should be permitted in any case to supply the evidence of the registry of prior conveyances. Jaclcson v. Given, 8 John.…
1Opinion of the Court
Lowe, 0. J.
A mortgage foreclosure, involving a question under the registry act. A precise statement of the facts will develope and measurably decide the case.
On the 25th day of June, 1856, the plaintiff was the owner and resided upon the S. W. quarter of N. E. quarter of section 27, township 65, range 5 W. At that date he sold and conveyed said land to Rufus Wilsey, for the consideration of sixty-four hundred dollars; and about the same date he took a mortgage from Wilsey on the N. W. quarter of N. E. quarter of the same section, township and range to secure the purchase money. Subsequently,…
2Cited by12 opinions
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- Jones v. BerkshireSupreme Court of Iowa · 1863
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- Boyer v. Pahvant Mercantile & Investment Co.Utah Supreme Court · 1930
- Fleck v. Iowa Employment Security CommissionSupreme Court of Iowa · 1943
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