Legal Opinion

Kaiser v. Lembeck

Supreme Court of Iowa

Decided December 14, 1880PublishedCited by 20 opinions

Appeal from Dtobupioe District Cov/rt. Action to foreclose a mortgage. It appears from the pleadings and evidence in the case that the defendants Henry Lembeclc and Henry Hanover were the owners of part of a lot in the city of Dubuque. They executed a mortgage thereon to the plaintiff, and another mortgage to the defendant Kauffman. The defendant Joseph Lembeclc, administrator, also held a mortgage upon the premises.

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Appeal from Dtobupioe District Cov/rt. Action to foreclose a mortgage. It appears from the pleadings and evidence in the case that the defendants Henry Lembeclc and Henry Hanover were the owners of part of a lot in the city of Dubuque. They executed a mortgage thereon to the plaintiff, and another mortgage to the defendant Kauffman. The defendant Joseph Lembeclc, administrator, also held a mortgage upon the premises. After the execution and recording of these mortgages the taxes upon the property remained unpaid, and were allowed to become delinquent, and William Hintrager purchased the…

1Opinion of the CourtRothbook, J.

i moktg\gbpurchase Sisheci by" another. The question to be determined is whether or not Schuchert and Stolteben, having advanced the money to Purchase the property of Hintrager, and upon the conveyance from Hintrager to Lembeck and Hanover having taken mortgages from them for the purchase-money so advanced, are entitled to precedence over the other mortgages, which are prior in point of time?

In determining this question it is necessary that the status of the title of the property, and the relation of the parties thereto while Hintrager was the owner, should be kept in mind. The title which…

2Cases cited4 opinions

  1. Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
  2. Curtis v. RootIllinois Supreme Court · 1858
  3. Heuisler v. NickumCourt of Appeals of Maryland · 1873
  4. Jackson ex dem. Beebe v. AustinNew York Supreme Court · 1818

3Cited by20 opinions

  1. Kent v. BaileySupreme Court of Iowa · 1917
  2. Carey v. BoyleWisconsin Supreme Court · 1881
  3. Jones v. ParkerWisconsin Supreme Court · 1881
  4. Barrett v. LewisIndiana Supreme Court · 1886
  5. Cowardin v. AndersonSupreme Court of Virginia · 1883

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