Packard v. Kingman
Supreme Court of Iowa
Appeal from Dubuque City Court. On the 10th day of September, 1856, Kingman & Smith executed and delivered to one Horner a mortgage on personal property, to secure certain notes amounting to $14,000. Horner, on the same day, assigned the notes and mortgage to one Findley.
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Appeal from Dubuque City Court. On the 10th day of September, 1856, Kingman & Smith executed and delivered to one Horner a mortgage on personal property, to secure certain notes amounting to $14,000. Horner, on the same day, assigned the notes and mortgage to one Findley. On the 24th of December, 1858, there was due and owing to said Findley, $2,820,42; and in consideration thereof, and of Findley’s agreeing to give further time of payment, said Kingman & Smith on that day executed and delivered two notes for said balance, one for $500, and the other for $2,320,42, payable in three and six…
1Opinion of the CourtWright, J.
Appellants present two questions: Krst. Will a court of equity, under the circumstances disclosed in this case, entertain a bill to foreclose a chattel mortgage? Second. Who has the prior lien on the property, Packard, by virtue of the mortgages, or Young, as landlord?
Without entering into a discussion of the first question, upon the general principles governing equity jurisdiction, we are very clear that the power is fully conferred by the Code. It has already been held by this court that a proceeding to foreclose a mortgage upon real property, -was properly cognizable in equity rather than…
2Cases cited5 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Kramer v. RebmanSupreme Court of Iowa · 1859
- M'Cormick v. DigbyIndiana Supreme Court · 1846
- Hadlock v. BulfinchSupreme Judicial Court of Maine · 1850
- Clark v. Mayor of New-YorkNew York Supreme Court · 1848
3Cited by29 opinions
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
- Tolman v. SmithCalifornia Supreme Court · 1890
- Howard v. First National BankSupreme Court of Kansas · 1890
- Port v. RobbinsSupreme Court of Iowa · 1872
- Walters v. WaltersIndiana Supreme Court · 1881
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