Bristol Savings Bank v. Judd
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. On June 24,1891, C. B. Judd executed to tbe KimballChamp Investment Company his note for $650. This was tbe balance due on a previous indebtedness, for which it was given in renewal, secured by a mortgage on lot 6 in block 3, and lots 2 and 8 in block 5, in an addition to Council Bluffs known as tbe “Twin City Place.” Thereafter tbe note and mortgage were acquired by tbe plaintiff.
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Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. On June 24,1891, C. B. Judd executed to tbe KimballChamp Investment Company his note for $650. This was tbe balance due on a previous indebtedness, for which it was given in renewal, secured by a mortgage on lot 6 in block 3, and lots 2 and 8 in block 5, in an addition to Council Bluffs known as tbe “Twin City Place.” Thereafter tbe note and mortgage were acquired by tbe plaintiff. Tbe mortgaged property subsequently passed to W. H. Knepler as assignee of tbe Judd-Wells Company, and it is alleged in tbe petition that…
1Opinion of the Court
Ladd, C. J. —
*28 1
*292 *27Tbe ownership of the mortgage by plaintiff, and of lots covered thereby, by the assignee of the Judd-Wells Company, is " ' ■"'■estioned. A deed thereof, purport*28ing to be from tbe assignee to tbe World Publishing Company, containing the clause that the latter “assumes the payment of all incumbrances 'of every kind against said premises,” dated August 1, 1891, was duly recorded two days later. It is admitted that no order appears of record for the iale of this property by the assignee, and there is no pretense that any notice thereof was published. Section 2127 of the Code, of…
2Cases cited11 opinions
- Taylor v. BenhamSupreme Court of the United States · 1847
- Callanan v. VotrubaSupreme Court of Iowa · 1898
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- Walton v. FollansbeeIllinois Supreme Court · 1890
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- Street v. StewartSupreme Court of Iowa · 1939
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