Bank of Ackley v. Porter
Supreme Court of Iowa
Appeal from Hardin District Court. — Iíon. W. S. Kenyon, Judge. Action in equity to foreclose a chattel mortgage made to secure a series of notes falling due at different times. The contest here is as to rights of priority between plaintiff, the intervener, and the defendant W. S. Porter, who are note holders. There was a decree adjusting tlieir respective rights, which will be more specifically referred to in the opinion. Plaintiff and intervener appeal.
Read the full summary
Appeal from Hardin District Court. — Iíon. W. S. Kenyon, Judge. Action in equity to foreclose a chattel mortgage made to secure a series of notes falling due at different times. The contest here is as to rights of priority between plaintiff, the intervener, and the defendant W. S. Porter, who are note holders. There was a decree adjusting tlieir respective rights, which will be more specifically referred to in the opinion. Plaintiff and intervener appeal. Defendant W. S. Porter also served notice of appeal. Whether he perfected it, — a matter about which there is some dispute, — we need not…
1Opinion of the Court
Waterman, J. —
*379 1
2 *378A sale had been made under the mortgage by an agent of the note holders, when the proceeding was brought into court on the application of plaintiff. The proceeds of the sale were deposited, and the contest now is over a division of the money. Excluding one note, which it is admitted was paid, the others secured by the mortgage aro as follows: $200, due June 12, 1893; $250, due September 12, 1893; $250, due December 12, 1893; $200, due June 12, 1894; $300, due September 12, 1894, $500,' due March 12, 1895. Defendant W. S. Porter *379claims to be the owner of' the ‘ first ''two of…
2Cases cited2 opinions
- Pryne v. PryneSupreme Court of Iowa · 1902
- Matteson v. DentSupreme Court of Iowa · 1900
3Cited by2 opinions
- Bennett v. First National BankSupreme Court of Iowa · 1905
- Healy v. HohnSupreme Court of Iowa · 1912