Fuller & Co. v. Hunt
Supreme Court of Iowa
Appeal from Clay District Court. Action to foreclose a mortgage executed by the defendant C. D. Hunt. The defendant M. E. Griffin is now the owner of the premises, having purchased and taken a conveyance of them subsequent to the execution of the mortgage. He disputes the validity of the mortgage upon two grounds.
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Appeal from Clay District Court. Action to foreclose a mortgage executed by the defendant C. D. Hunt. The defendant M. E. Griffin is now the owner of the premises, having purchased and taken a conveyance of them subsequent to the execution of the mortgage. He disputes the validity of the mortgage upon two grounds. In the first place, at the time it was executed the title to the land was in the United States, and Hunt was occupying the' same in accordance with an application and affidavit to enter it as a homestead under an act of Congress, approved May 20; 1802, entitled an act to secure…
1Opinion of the CourtAdams, J.
i homestead act: mortgage: I. The first question presented is, as to whether a person who has entered upon land under the jx0mestead act can make a valid mortgage upon the same prior to the time when he is entitled to make *165final proof. It is claimed by the appellant that he. cannot, because it is provided in the homestead act that the land shall not become liable to the satisfaction of any debts contracted prior to the issuance of the patent. The debt sought to be enforced was contracted prior to the issuance of the patent. It is abundantly evident that the land could not have been reached by…
2Cases cited9 opinions
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Russell v. AllenNew York Court of Chancery · 1843
- Green v. TurnerSupreme Court of Iowa · 1874
- Shuler v. HardinIndiana Supreme Court · 1865
- Nycum v. McAllisterSupreme Court of Iowa · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- McDonald v. FinsethNorth Dakota Supreme Court · 1915
- Seiffert & Wiese Lumber Co. v. HartwellSupreme Court of Iowa · 1895
- Shult v. DoyleSupreme Court of Iowa · 1925
- Spiess v. NeubergWisconsin Supreme Court · 1888
- Weber v. LaidlerWashington Supreme Court · 1901
35 more not listed; retrieve them via the Exa API.