Warner v. Wilson
Supreme Court of Iowa
Appeal from Adair District Court — Hon. J. H. Henderson, Judge. Action in equity to recover judgment on a promissory note, and for the foreclosure of a mortgage of personal property given to secure the same, and duly recorded.
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Appeal from Adair District Court — Hon. J. H. Henderson, Judge. Action in equity to recover judgment on a promissory note, and for the foreclosure of a mortgage of personal property given to secure the same, and duly recorded. The intervenor alleges that he holds a mortgage on the property attempted to be described in the mortgage of the plaintiff, which was taken after the recording of the plaintiff’s mortgage, and without knowledge thereof, save that imparted by the record. Intervenor further alleges that the mortgage of plaintiff creates no lien on the property attempted to be described…
1Opinion of the CourtRobinson, J.
The demurrer raises but one question which we need to consider: Did the recording of plaintiff’s mort *720gage impart constructive notice of the property sought to be incumbered thereby ? The property in controversy consists of catde and their increase. In most cases the animals are described separately, the color, age and name being given. The mortgage of plaintiff contains no statement as to the present or past ownership of the property, nor of the place where it is now or has been kept. The descriptions are of the same character as those held insufficient in Rhutasel v. Stephens, 68 Iowa, 627,…
2Cases cited3 opinions
- Muir v. BlakeSupreme Court of Iowa · 1882
- Rhutasel v. StephensSupreme Court of Iowa · 1886
- Everett v. BrownSupreme Court of Iowa · 1884
3Cited by16 opinions
- M. P. Musser & Co. v. KingNebraska Supreme Court · 1894
- Farmers' & Merchants' Bank v. StockdaleSupreme Court of Iowa · 1903
- Lawrence v. McKenzieSupreme Court of Iowa · 1893
- Sandwich Manufacturing Co. v. RobinsonSupreme Court of Iowa · 1891
- Westinghouse Co. v. McGrathSupreme Court of Iowa · 1906
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