Legal Opinion

Rand & Co. v. Garner

Supreme Court of Iowa

Decided October 3, 1888PublishedCited by 9 opinions

Appeal from Taylor District Court. — Hon. J. W. Harvey, Judge. Action in equity to foreclose a mortgage cm real estate. Judgment was entered against the mortgagor, Garner, by default. Windson & Cathcart were made defendants, and it was alleged that the interest claimed by them in the mortgaged premises was inferior to the lien of the mortgage. They answered alleging a senior lien on the property under a judgment against Garner.

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Appeal from Taylor District Court. — Hon. J. W. Harvey, Judge. Action in equity to foreclose a mortgage cm real estate. Judgment was entered against the mortgagor, Garner, by default. Windson & Cathcart were made defendants, and it was alleged that the interest claimed by them in the mortgaged premises was inferior to the lien of the mortgage. They answered alleging a senior lien on the property under a judgment against Garner. The judgment determined that theirs is the superior lien. Plaintiffs appeal.

1Opinion of the CourtReed, J.

— There is no dispute as to the facts. In January, 1877, Windson & Cathcart recovered a judgment in justice’s court against defendant Garner, and in December, 1881, a transcript of said judgment was filed in the office of the clerk of the circuit court, and a memorandum thereof was duly entered by the clerk in the proper record. In 1883, Garner entered into a parol contract with one Long for the purchase o f the property in question, which is a lot in Bedford. He did not pay any part of the purchase money, but he took possession of the lot, and erected a dwelling-house thereon, which he…

2Cases cited4 opinions

  1. Harrison v. KramerSupreme Court of Iowa · 1856
  2. Cook & Sargent v. DillonSupreme Court of Iowa · 1859
  3. Denegre v. HaunSupreme Court of Iowa · 1862
  4. McCoy v. CoxSupreme Court of Iowa · 1880

3Cited by9 opinions

  1. Sheehy v. ScottSupreme Court of Iowa · 1905
  2. Mutual Building & Loan Ass'n of Las Cruces v. CollinsNew Mexico Supreme Court · 1973
  3. Thomas v. Higgs & CalderwoodWest Virginia Supreme Court · 1910
  4. Fulton v. DuroIdaho Court of Appeals · 1984
  5. Happle v. MonsonSupreme Court of Iowa · 1945

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