English v. Waples
Supreme Court of Iowa
Appeal from, Dubuque District Court. On the 8th of July, 1856, Waples and Walmsley made a mortgage on certain real estate, to secure a debt, then owing by them to the complainant, English. This mortgage was duly filed for record, July 7,. 1858. These same parties (mortgagors,) on the 14th of October, 1856, mortgaged the same, with other lands, to Dennis N. Oooley. In October, 1857, Cooley assigned his mortgage to Samuels, who in February, 1859 assigned the same to Mason.
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Appeal from, Dubuque District Court. On the 8th of July, 1856, Waples and Walmsley made a mortgage on certain real estate, to secure a debt, then owing by them to the complainant, English. This mortgage was duly filed for record, July 7,. 1858. These same parties (mortgagors,) on the 14th of October, 1856, mortgaged the same, with other lands, to Dennis N. Oooley. In October, 1857, Cooley assigned his mortgage to Samuels, who in February, 1859 assigned the same to Mason. The cause was heard on bill, answer, replication and proof, and a decree entered, giving the Mason (Cooley) mortgage…
1Opinion of the CourtWright, J.
The mortgage to Cooley, though subsequent in date, was filed for record before that to complainant. It is entitled to priority, therefore, unless Cooley, and those holding under him, had actual or constructive notice of its contents or existence, or such notice as was sufficient to put them, as reasonable men, upon inquiry, and particularly so, if such inquiry would certainly lead to a knowledge or discovery of the complainant’s right or equity. J And such notice would be sufficient if imparted before the completion of the contract, or the payment of the purchase money, though Pot until after…
2Cited by17 opinions
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