Walter v. Brown
Supreme Court of Iowa
Appeal from Monona District Gourt. — TIon. William Hutchinson, Judge. Action to foreclose a mortgage executed by B. F. Brown and wife to plaintiffs May 1, 1897, but not recorded until December 1st of that year. Brown conveyed the land to Meyers November 1, 1897, and the deed was recorded the next day.
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Appeal from Monona District Gourt. — TIon. William Hutchinson, Judge. Action to foreclose a mortgage executed by B. F. Brown and wife to plaintiffs May 1, 1897, but not recorded until December 1st of that year. Brown conveyed the land to Meyers November 1, 1897, and the deed was recorded the next day. The defendant Holmes claims under Meyers, Judgment was entered against Brown and wife, and at the following term, upon hearing, the petition was dismissed as to other defendants. The plaintiffs appeal.
1Opinion of the CourtLadd, C. J.
1 The mortgage executed by Brown to Walter and Watts was not recorded until long after the former had conveyed the land to Meyers, though before the deed of Meyers to defendant Holmes was filed. The integrity of the sale to Meyers, and the payment of value by him, were established by the evidence. The main issue to be determined is whether he took with notice of the unrecorded mortgage. With respect thereto each party contends the burden of proof is upon the other. The point does not appear to have been decided in Sillyman v. King, 36 Iowa, 207. There the purchaser took under a quitclaim deed…
2Cases cited19 opinions
- Shotwell v. HarrisonMichigan Supreme Court · 1871
- Sillyman v. KingSupreme Court of Iowa · 1873
- Center v. P. & M. BankSupreme Court of Alabama · 1853
- Hoyt v. JonesWisconsin Supreme Court · 1872
- Brown v. WelchIllinois Supreme Court · 1857
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3Cited by9 opinions
- Wilkins v. McCorkleTennessee Supreme Court · 1904
- Osceola Land Co. v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
- Gilmer v. NeuenswanderSupreme Court of Iowa · 1947
- Conway v. RockSupreme Court of Iowa · 1908
- Young v. HamiltonSupreme Court of Iowa · 1932
4 more not listed; retrieve them via the Exa API.