Porter v. Green
Supreme Court of Iowa
Appeal from the Linn District Court. The plaintiffs claim title to a tract of land under a deed, dated November 11, 1856, and recorded January 9th, 1857. Defendant, Green, claims a lien on the same land under a. mortgage from the grantor of plaintiffs, of date November 18th, 1856, which was recorded January 5th, 1857. The defendants were proceeding to foreclose said mortgage by notice and sale under the Code, when plaintiffs instituted this proceeding to enjoin said sale,…
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Appeal from the Linn District Court. The plaintiffs claim title to a tract of land under a deed, dated November 11, 1856, and recorded January 9th, 1857. Defendant, Green, claims a lien on the same land under a. mortgage from the grantor of plaintiffs, of date November 18th, 1856, which was recorded January 5th, 1857. The defendants were proceeding to foreclose said mortgage by notice and sale under the Code, when plaintiffs instituted this proceeding to enjoin said sale, claiming that said mortgage was merely a cloud upon their title, and not a substantial lien as against them upon said…
1Opinion of the CourtWeight, C. J.
But one question is presented for our determination by counsel, and that is, whether a mortgagee is a purchaser, within the meaning of the recording laws of this state. Of this, we entertain no doubt, being clearly of the opinion that the law designed to include a mortgage, as folly and entirely as the grantee or purchaser in an absolute and unconditional conveyance. The language of the Code, (§ 1211,) is, that “no instrument affecting real estate is of any validity against subsequent purchasers for a valuable consideration without notice, unless recorded in the office of the recorder of…
2Cases cited2 opinions
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3Cited by23 opinions
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- Koon v. TramelSupreme Court of Iowa · 1887
- Landigan v. MayerOregon Supreme Court · 1898
- Bank of the State v. AndersonSupreme Court of Iowa · 1863
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