Milner v. Nelson
Supreme Court of Iowa
Appeal from Audubon District Court. — Hon. H. E. Deemer, Judge. This ease involves the validity of a chattel' mortgage upon certain personal property. The plaintiff is the mortgagee, and the mortgage was executed by one A. 13. Case. The defendant purchased the property of Case after the mortgage was executed, delivered, and recorded. The action .is to recover the value of the property.
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Appeal from Audubon District Court. — Hon. H. E. Deemer, Judge. This ease involves the validity of a chattel' mortgage upon certain personal property. The plaintiff is the mortgagee, and the mortgage was executed by one A. 13. Case. The defendant purchased the property of Case after the mortgage was executed, delivered, and recorded. The action .is to recover the value of the property. There was a trial by the court, and it was found that the defendant was the owner, and the plaintiff appeals. If the certificate is to be construed in the light of what is contained in the instrument purporting…
1Opinion of the CourtRothrock, J.
The defendant had no actual knowledge of the mortgage when he purchased the property. The sole question is whether the mortgage was in its form sufficient to impart constructive notice to the defendant. The defect which the defendant claims is fatal to the mortgage is to be found in the acknowledgment, which is in these words:
“State oe Iowa, \ Cass County, / '
“Be it remembered, that on the 12th day of October, 1887, before the undersigned, James G-. Whitney, *457notary public in and for said county, personally came -, to me known to be the identical person whose name is affixed to the foregoing…
2Cases cited11 opinions
- Carpenter v. DexterSupreme Court of the United States · 1869
- Chandler v. SpearSupreme Court of Vermont · 1850
- Bradford v. DawsonSupreme Court of Alabama · 1841
- Kelly v. RosenstockCourt of Appeals of Maryland · 1876
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Coates v. SmithOregon Supreme Court · 1916
- Johnson v. NethNebraska Supreme Court · 2008
- In re BransonDistrict Court, S.D. Iowa · 1926
- Advance-Rumely Thresher Co. v. WagnerCourt of Appeals for the Eighth Circuit · 1928
- In Re Production Aids Co.District Court, S.D. Iowa · 1961
4 more not listed; retrieve them via the Exa API.