Paige v. Lindsey
Supreme Court of Iowa
Appeal from Tama District Court. Action in equity to cancel a deed and quiet title to a certain town lot in Toledo, Iowa, and to cancel a mortgage upon the same. There was a decree for the plaintiff in respect to the title and mortgage, but against him for the payment of certain money. The defendant G. L. Bailey, administrator, appeals.
1Opinion of the Court
Adams, Oh. J.
i. mortgage: Era°fcenflim" index: notice. In January, 1883, the plaintiff was the owner of the lot in question, and conveyed the same by deed to the defendant Lindsey. Tlie latter borrowed $500 of the defendant Bailey’s intestate, and - i t executed a mortgage upon the lot to secure the *595same. Tlie money was used in part in paying off a prior incumbrance for which the plaintiff was liable, and which Lindsey was to pay off as a part of the purchase money to be paid by him, and a part of the money borrowed was used in making improvements upon the lot. A part of the consideration…
2Cases cited1 opinion
- City of Marshalltown v. ForneySupreme Court of Iowa · 1884