National Life Insurance v. Ayres
Supreme Court of Iowa
Appeal from» Polls District Court. — Hon. O. P. Holmes, Judge. This is a contest as to priority between the plaintiff, as mortgagee of certain real estate, and the- defendant, the holder of a sheriff’s deed made in pursuance of a sale of the same property on foreclosure of mechanics’ liens. Decree was rendered in favor of plaintiff. .Defendant appeals. — *
1Opinion of the CourtGiven, J.
1 I. The controversy rests upon the following facts, as we find them from the pleadings and evidence: 'S. N. Talcott purchased the property in question, a business property in the city of Des Moines, subject to a certain mortgage and other liens thereon, amounting to about fourteen thousand dollars, which he agreed to pay as part of the purchase price. Mr. Talcott desiring to' use lumber for certain purposes on the property, verbally ordered a supply from Ewing & Jewett, which they furnished on the order, no other contract having been made than that which is implied from the order. Between…
2Cases cited5 opinions
- Kaiser v. LembeckSupreme Court of Iowa · 1880
- Wormer & Son v. Waterloo Agricultural WorksSupreme Court of Iowa · 1882
- Weidner v. ThompsonSupreme Court of Iowa · 1886
- Evans v. TrippSupreme Court of Iowa · 1872
- Barber v. LyonSupreme Court of Iowa · 1863
3Cited by8 opinions
- National Surety Co. v. PriceCourt of Appeals of Kentucky · 1915
- Gollehon, Schemmer & Associates, Inc. v. Fairway-Bettendorf AssociatesSupreme Court of Iowa · 1978
- Stastny v. PeaseSupreme Court of Iowa · 1904
- Watson v. BowmanSupreme Court of Iowa · 1909
- Johnson v. MyerSupreme Court of Iowa · 1924
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