Fort Dodge Building & Loan Ass'n v. Scott
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. S. M. Weaver, Judge. The plaintiff, as mortgagee of lots 1, 2, 3, 4, and 5, in Sargent & Baebring’s subdivision of block one hundred and eighteen of the town companies’ addition to the city of Fort Dodge, Webster county, Iowa, prosecutes this action to enjoin the defendant from causing said real estate to be levied upon and sold under a certain judgment in his favor, rendered in the district court of that county against Gh T.…
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Appeal from Webster District Court. — Hon. S. M. Weaver, Judge. The plaintiff, as mortgagee of lots 1, 2, 3, 4, and 5, in Sargent & Baebring’s subdivision of block one hundred and eighteen of the town companies’ addition to the city of Fort Dodge, Webster county, Iowa, prosecutes this action to enjoin the defendant from causing said real estate to be levied upon and sold under a certain judgment in his favor, rendered in the district court of that county against Gh T. Baehring and W.. C. Baehring, and for a decree declaring said judgment not to be a lien upon said lots. A decree was rendered…
1Opinion of the CourtGiven, J.
I. The facts, as shown by the pleadings and proof, necessary to be noticed, are these: W. C. Baehring, being the owner of said lots, conveyed the same on June 26, 1885, to one Palmer, taking back a mortgage to secure one hundred and seventy-five dollars of the purchase money. On October 5, 1885, Palmer executed a mortgage to one Frost on lots 3 and 4, to secure his seven promissory notes for fifty dollars each and one for twenty-five dollars. On Jan-*433nary 8, 1887, Palmer executed another" mortgage on lots 3 and 4 to H. Gr. Eistine, to secure the sum of twenty-five dollars. These several…
2Cases cited2 opinions
- Wormer & Son v. Waterloo Agricultural WorksSupreme Court of Iowa · 1882
- Phillips v. FolletSupreme Court of Iowa · 1886
3Cited by29 opinions
- Boley v. DanielSupreme Court of Florida · 1916
- State v. JonesOhio Supreme Court · 1980
- Kent v. BaileySupreme Court of Iowa · 1917
- Eastern Nat. Bk. v. Glendale Fed. Sav.District Court of Appeal of Florida · 1987
- Rice v. WintersNebraska Supreme Court · 1895
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