Wilson v. Reuter
Supreme Court of Iowa
Appeal from General Term, Third District (Pottawottamie county). ' Friday, July 22. Mortgage foreclosure. — Eeuter made the mortgage May 2, 1867, to plaintiff, Wilson, but it was not properly stamped. In this condition it was filed, for record on the 6th of the same month.
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Appeal from General Term, Third District (Pottawottamie county). ' Friday, July 22. Mortgage foreclosure. — Eeuter made the mortgage May 2, 1867, to plaintiff, Wilson, but it was not properly stamped. In this condition it was filed, for record on the 6th of the same month. On the 25th of April, 1868, upon application to the proper collector, the mortgage was stamped, and the stamp canceled as allowed by law; this fact being entered of record, and the mortgage refiled and again recorded. What title Reuter had to the lots in controversy at the ' time of the mortgage does not appear. He was,…
1Opinion of the CourtWright, J.
Several questions are made in this case, but they may be considered under two general heads.
i. mechanics’ ment-raie" under. I. As to the effect of the judgment and sale under the mechanics’ lien upon the rights of these parties, There is no doubt but that the material men might have had their lien attach to the lots as wen as to the house. It seems, however, that for some cause not disclosed they took it against or had it attach to the building alone. This they may have deemed the better course, in view of Reuter's title and plaintiff’s mortgage, for the law attaches such a lien to the house…
2Cases cited4 opinions
- Cooley v. BraytonSupreme Court of Iowa · 1864
- McAfferty v. HaleSupreme Court of Iowa · 1868
- McBride v. DotySupreme Court of Iowa · 1867
- Anderson & Co. v. StarkweatherSupreme Court of Iowa · 1869
3Cited by2 opinions
- Sloman v. CutlerMichigan Supreme Court · 1932
- Wright v. NostrandThe Superior Court of New York City · 1881