Leach v. Minick
Supreme Court of Iowa
'Appeal from Buchanan District Court. — Iíon. A. S. Blair,. Judge. In this case several actions were submitted upon the same evidence for the purpose of determining the order of priority of several liens upon certain real estate in Independence, Iowa, and the manner in which the proceeds that might arise from the sale of the property should be applied.
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'Appeal from Buchanan District Court. — Iíon. A. S. Blair,. Judge. In this case several actions were submitted upon the same evidence for the purpose of determining the order of priority of several liens upon certain real estate in Independence, Iowa, and the manner in which the proceeds that might arise from the sale of the property should be applied. From the decree' rendered, the plaintiff, G-. N. Leach, appeals, and the-defendants Price & Smith appeal from so much thereof as is adverse to them. The only contentions presented on this appeal are between the plaintiff and the defendants…
1Opinion of the Court
Givicn, J.-
I. It is shown by tho record that on November 2, 1891, the defendant J. E. Moore, the then owner of the lot in question, his wife joining.therein, executed a mortgage thereon to defendant John Wengert, to secure the payment of' one thousand two hundred and fifty dollars, with seven per cent, interest. Afterwards Moore deeded the lot to the defendant John Hussey, who assumed to pay said mortgage indebtedness, and on February 29, 1896, Hussey conveyed the lot to-the defendant Minick, who assumed to pay said mortgage indebtedness. Minick erected a barn on the lot, the defendants Price…
2Cases cited3 opinions
- German Bank v. SchlothSupreme Court of Iowa · 1882
- Curtis Bros. & Co. v. BroadwellSupreme Court of Iowa · 1885
- Tower v. MooreSupreme Court of Iowa · 1898
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- General Mortgage Corporation of Iowa v. CampbellSupreme Court of Iowa · 1965
- Knapp v. BaldwinSupreme Court of Iowa · 1931
- Crawford-Fayram Lumber Co. v. MannSupreme Court of Iowa · 1926
- Green v. SaxtonSupreme Court of Iowa · 1923
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