Huff v. Farwell
Supreme Court of Iowa
Appeal from Bremer Circuit Court. Action to foreclose a mortgage executed to the plaintiff by the defendant Farwell. The defendants Potter, Olds and Curtis were made parties as claiming to have an interest in the mortgaged property, acquired subsequently to the mort gage.
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Appeal from Bremer Circuit Court. Action to foreclose a mortgage executed to the plaintiff by the defendant Farwell. The defendants Potter, Olds and Curtis were made parties as claiming to have an interest in the mortgaged property, acquired subsequently to the mort gage. The defendant Potter filed a cross-petition against; Curtis, averring that Potter was the owner of the south half of the premises in question by purchase subsequent to the mortgage; that at one time Curtis was the owner of the mortgage by purchase from the plaintiff; that Curtis for a valuable consideration agreed with him…
1Opinion of the Court
Adams, F.
*3011. MORTGAGE! on land: subsequent sale parcels^order otliability. *300The undisputed facts appear to be that the defendant Farwell was the owner, at one time, of lots 2 and 3, in fractional block 6, in the city of Waverly; that while he was such owner he undertook to execute a mortgage upon them to the plaintiff, and gave the mortgage now sought to be foreclosed; that by mistake the property was not well described, and there is some doubt as to whether the description is sufficient to cover the property; that after the execution of the mortgage he sold the south half to one Francis…
2Cited by8 opinions
- Richardson v. PennySupreme Court of Oklahoma · 1897
- First National Bank v. GallagherSupreme Court of Minnesota · 1912
- Hastings & Heyden Realty Co. v. GestSupreme Court of Colorado · 1921
- Gensburg v. Marshall Field & Co.Supreme Court of Iowa · 1898
- Witt v. RiceSupreme Court of Iowa · 1894
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