Hays v. Thode
Supreme Court of Iowa
Appeal from Pollc District Court. In chronological order, the material facts are these: On the 14th day of August, 1860, Elliott owned lot 4 in block ■“ t,” Holcomb’s addition to Des Moines; and on that day ■executed a mortgage thereon to Hays, the plaintiff; but this mortgage was not acknowledged till June 17th, 1860, nor recorded till May 6th, 1868. On the 4th of March, 1861, the defendant Thode recovered a judgment against Elliott for $105.53, on which execution was…
Read the full summary
Appeal from Pollc District Court. In chronological order, the material facts are these: On the 14th day of August, 1860, Elliott owned lot 4 in block ■“ t,” Holcomb’s addition to Des Moines; and on that day ■executed a mortgage thereon to Hays, the plaintiff; but this mortgage was not acknowledged till June 17th, 1860, nor recorded till May 6th, 1868. On the 4th of March, 1861, the defendant Thode recovered a judgment against Elliott for $105.53, on which execution was issued and the lot sold by the sheriff to Thode, who had no notice of the Hays mortgage, August 10th, 1862, for $13.89, and…
1Opinion of the CourtDillon, J.
1. Liens: unrecorded mortgage. Hays’ mortgage was valid between the parties as soon as delivered, though not acknowledged or recorded. And under the law of the State, as established by repeated adjudications, if Thode had never sold under his judgment, the prior unrecorded mortgage of the plaintiff would have priority over it. Seevers v. Delashmutt, 11 Iowa, 174; Welton v. Tizzard, et al., 15 Id., 495, and the authorities there cited; Vannice v. Greene, Traer & Co., 16 Id., 574. But it is not material in tliis case whether the plaintiff be regarded as having any rights prior to May 6th, 1863,…
2Cases cited4 opinions
- Hewson v. DeygertNew York Supreme Court · 1811
- Seevers v. DelashmuttSupreme Court of Iowa · 1860
- Stoddard v. ForbesSupreme Court of Iowa · 1862
- Van Rensselaer v. Sheriff of OnondagaNew York Supreme Court · 1823
3Cited by8 opinions
- Flanders v. AumackOregon Supreme Court · 1897
- Clayton v. EllisSupreme Court of Iowa · 1879
- Fletcher v. KellySupreme Court of Iowa · 1893
- Stiles v. BaileySupreme Court of Iowa · 1928
- Wood v. HollandSupreme Court of Arkansas · 1893
3 more not listed; retrieve them via the Exa API.