Lakin v. C. H. McCormick & Bro.
Supreme Court of Iowa
Appeal from Fayette District Court. — How. L. O. Hatch, Judge. W. W. and P. D. Sprague are codefendants in. this case, but not appellants. Plaintiff is the administrator of tbe estate of H. Rush, deceased, and brings this action to foreclose a mortgage given by defendants Sprague to secure the purchase price of certain real estate, as to which arises a question as to priority of liens.
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Appeal from Fayette District Court. — How. L. O. Hatch, Judge. W. W. and P. D. Sprague are codefendants in. this case, but not appellants. Plaintiff is the administrator of tbe estate of H. Rush, deceased, and brings this action to foreclose a mortgage given by defendants Sprague to secure the purchase price of certain real estate, as to which arises a question as to priority of liens. January 16, 1872, the premises were owned by Thomas Smith, and on that day appellant obtained a judgment against Smith, in the district court of Payette county, for one hundred and twenty-five dollars. Smith…
1Opinion of the Court
Granger, J.—
It will be observed that the gist of the controversy is as to the effect of the levy of the execution on the premises, January 14, 1882. But for such levy appellant’s lien would have expired January 16, 1882, and plaintiff’s mortgage, before that a junior lien, would have taken precedence; and we are to inquire if the levy of the execution defeats such a result. The arguments bring in question the effect of our holding in the case of Albee v. Curtis, 77 Iowa, 644. In that case the defendant firm was a judgment lienholder, junior *547to tile plaintiff’s mortgage lien, and was not made…
2Cases cited9 opinions
- Boyle v. MaroneySupreme Court of Iowa · 1887
- Little v. HarveyNew York Supreme Court · 1832
- Denegre v. HaunSupreme Court of Iowa · 1862
- Franklin v. TwogoodSupreme Court of Iowa · 1865
- Hendershott v. PingSupreme Court of Iowa · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hansen's Empire Fur Factory v. TeaboutSupreme Court of Iowa · 1898
- Johnson v. KeirSupreme Court of Iowa · 1935
- Hawkeye Insurance v. MaxwellSupreme Court of Iowa · 1903
- Savings & Trust Co. of Cleveland v. Bear Valley Irr. Co.U.S. Circuit Court for the District of Southern California · 1898
- Ritz v. ReaSupreme Court of Iowa · 1912
1 more not listed; retrieve them via the Exa API.