Welton v. Tizzard
Supreme Court of Iowa
Appeal from Des Moines District Court. Equity. Bill to correct mistake, and postpone judgment lien. It is averred in the petition, in substance, as follows: On the 20th day of March, 1860, the defendant Tizzard, was indebted to the plaintiff, in the sum of $500, and owning lot 2, and the south twp-thirds of lot 3 in block 969, in the city of Burlington, agreed to secure the plaintiff by a deed of trust thereon.
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Appeal from Des Moines District Court. Equity. Bill to correct mistake, and postpone judgment lien. It is averred in the petition, in substance, as follows: On the 20th day of March, 1860, the defendant Tizzard, was indebted to the plaintiff, in the sum of $500, and owning lot 2, and the south twp-thirds of lot 3 in block 969, in the city of Burlington, agreed to secure the plaintiff by a deed of trust thereon. In pursuance of this agreement, Tizzard and wife did, on the 20th of March, 1860, execute for the plaintiff’s benefit, a deed of trust, but by mistake the instrument did not contain a…
1Opinion of the CourtDillon, J.
The question here presented may be concisely stated thus: Is the lien of a subsequent judgment creditor, in this State, paramount to the lien or equity of a prior mortgagee, as to lands intended to be mortgaged, but which, by accident or mistake, were misdescribed ?
The general equitable jurisdiction to correct and relieve against errors and mistakes in deeds and other conveyances is not questioned, and is, indeed, recognized by statute. Rev., § 2257. The former decisions of this Court establish principles which, though arising in cases somewhat different from the present one, are,…
2Cases cited8 opinions
- In re HoweNew York Court of Chancery · 1828
- Buchan v. SumnerNew York Court of Chancery · 1847
- Keirsted v. AveryNew York Court of Chancery · 1832
- Porter v. GreenSupreme Court of Iowa · 1857
- White v. WilsonIndiana Supreme Court · 1843
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Citizens' National Bank v. JudyIndiana Supreme Court · 1896
- Willoughby v. JonesTexas Supreme Court · 1952
- Rhodes v. OutcaltSupreme Court of Missouri · 1871
- Key v. JenningsSupreme Court of Missouri · 1877
- Fyffe v. BeersSupreme Court of Iowa · 1864
15 more not listed; retrieve them via the Exa API.