First Nat. Bank v. Jasper County Bank
Supreme Court of Iowa
Appeal from Jasper District Court. Action in chancery to determine the question of- priority between two conflicting liens upon lands. The prayer of plaintiff’s petition was granted by the decree, from which defendant appeals.
1Opinion of the CourtBeck, J.
1. Attachment: levy: what necessary: priority over mortgage: notice. I. The petition shows that plaintiff holds a mortgage upon certain lands, and that the defendant recovered judgments against the mortgagor- rendered ^ « ‡ « m actions m which attachments were issued an¿ levied upon the same lands. Special execu£io:ns were issued upon the judgments, and the lands have been sold thereon, and a certificate -of sale issued by the sheriff to defendant, upon which it will, if permitted, take a sheriff’s deed, which will be a cloud upon the title of the land covered by plaintiff’s mortgage. The…
2Cases cited3 opinions
- Crawford v. NewellSupreme Court of Iowa · 1867
- Clymore v. WilliamsIllinois Supreme Court · 1875
- Collier v. FrenchSupreme Court of Iowa · 1884
3Cited by11 opinions
- Sioux Valley State Bank v. KellogSupreme Court of Iowa · 1890
- Hamilton Bros. v. HartingerSupreme Court of Iowa · 1895
- Shoonover v. Osborne Bros.Supreme Court of Iowa · 1900
- Commercial National Bank v. Farmers & Traders' National BankSupreme Court of Iowa · 1891
- Klotz v. JamesSupreme Court of Iowa · 1895
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