Fetes v. O'Laughlin
Supreme Court of Iowa
Appeal from Washington Circuit Court. ActioN in chancery to foreclose a mortgage. There was a decree granting the relief prayed for by plaintiff. The defendant, Scofield, alone appeals. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
I. The controversy in the case arises between defendant, H. Scofield, who claims title to the land under foreclosure of a junior mortgage, and the plaintiff and the other defendants. The mortgage which plaintiff seeks to foreclose was duly recorded prior 'to the mortgage under which Scofield claims title, and is sufficient in all respects, unless it be invalid upon the ground that it omits to recite the amount of the note which it is given to secure. The omission occurs in the manner shown by the following quotations from the mortgage. After the granting part of the mortgage, its condition is…
2Cases cited9 opinions
- Frost v. BeekmanNew York Court of Chancery · 1814
- Peck v. . MallamsNew York Court of Appeals · 1853
- Chauncey v. . ArnoldNew York Court of Appeals · 1862
- Ricketson v. RichardsonCalifornia Supreme Court · 1861
- Whittacre v. FullerSupreme Court of Minnesota · 1861
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Merrimon v. ParkeyTennessee Supreme Court · 1916
- Finken v. SchramSupreme Court of Iowa · 1931
- Curtis & Lane v. FlinnSupreme Court of Arkansas · 1885
- McDonald v. Second National BankSupreme Court of Iowa · 1898
- Ferris v. JohnsonMichigan Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.