City Bank of Boone v. Radtke
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. John L. Stevens, Judge. Action to recover possession of certain steers. There was a trial to the court, resulting in judgment for the' plaintiff. The defendant appeals. The plaintiff claims possession, of thirty-seven head of steers by virtue of' a chattel mortgage thereon, of date February 25, 1885, given by L. W. Fisk & Son, which mortgage was duly filed for record, and recorded on the same day.
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Appeal from Boone District Court. — Hon. John L. Stevens, Judge. Action to recover possession of certain steers. There was a trial to the court, resulting in judgment for the' plaintiff. The defendant appeals. The plaintiff claims possession, of thirty-seven head of steers by virtue of' a chattel mortgage thereon, of date February 25, 1885, given by L. W. Fisk & Son, which mortgage was duly filed for record, and recorded on the same day. The defendant denies the execution, acknowledgment, and .recording of the plaintiff’s mortgage, and avers that the acknowledgment was taken by one J. C.…
1Opinion of the CourtKinne, J.
i. aoknowledg-. ínteréstedOTe party, valid I. Some errors are assigned upon the admission of evidence, which, we do not deem it necessary .to consider. The evidence shows without conflict that the notary, J. C. who took the acknowledgment of the plaintiff’s mortgage, was at the time a partner in the plaintiff, which was a copartnership. This being the case, the ackowlédgment of the plaintiff’s mortgage was void, and the mortgage not entitled to be recorded; hence the record of it in fact máde was not constructive notice to the defendant.
„ defective acmenT:pr!¿rity: estoppel. II. The…
2Cases cited1 opinion
- City Bank v. RatkeySupreme Court of Iowa · 1890
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