Hewitt v. Rankin
Supreme Court of Iowa
Appeal from, Lucas Circuit Court. Action in chancery. The petition alleges that defendant Eankin, to secure a promissory note by him made September 1, 1870, for $2,000, on the same day executed a mortgage on the N. i NE. £, and the NE. \ NW. and the SE. J Sec. 1, Tp. 72, E. 23, and the SW. i SE. ¿ Sec. 25, Tp. 73, E. 23, and other lands which need not be particularly described.
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Appeal from, Lucas Circuit Court. Action in chancery. The petition alleges that defendant Eankin, to secure a promissory note by him made September 1, 1870, for $2,000, on the same day executed a mortgage on the N. i NE. £, and the NE. \ NW. and the SE. J Sec. 1, Tp. 72, E. 23, and the SW. i SE. ¿ Sec. 25, Tp. 73, E. 23, and other lands which need not be particularly described. The petition, showing that plaintiff is the holder of the note as administrator of the estate of William Hewitt, the payee, prays that the mortgage be foreclosed. The mortgage was filed for record September 6, 1870.…
1Opinion of the Court
Beck, J. —
In order to settle the rights of the several parties to the suit, each branch of the case must be separately considered. The plaintiff complains because his mortgage is not declared a lien prior to the judgment of Lockhard & Ireland. Upon the decision of this point he is in contest with these parties. Lie claims also that his mortgage should bind the N. \ NE. £ and NE. £ NW. J, Sec. 1, Tp. 72, R. 23, which the Circuit Court held was not subject thereto. Here the controversy is between plaintiff and defendant Fain. The intervenor, Eliza.beth E. Rankin, insists that she is entitled to…
2Cases cited6 opinions
- Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
- Collumb v. . ReadNew York Court of Appeals · 1862
- Thorn v. ThornSupreme Court of Iowa · 1862
- Porter v. GreenSupreme Court of Iowa · 1857
- Shearer v. ShearerMassachusetts Supreme Judicial Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Clements v. LacyTexas Supreme Court · 1879
- Western Securities Co. v. AtleeSupreme Court of Iowa · 1915
- In re CampDistrict Court, N.D. Georgia · 1899
- Jensen v. WiersmaSupreme Court of Iowa · 1919
- Lenow v. FonesSupreme Court of Arkansas · 1886
28 more not listed; retrieve them via the Exa API.