Wagle v. Iowa State Bank
Supreme Court of Iowa
Appeal from Polk District Court. — W. H. McHenry, Judge. Alex Jenkins acquired Lot 14 in Block 3 in Bollinson’s Garden Addition to Ft. Des Moines, — since taken into the city of Des Moines, May 12, 1909, — subject to a mortgage of $400. On August 7, 1909, Jenkins, his wife joining, executed a mortgage to the Iowa State Bank, as collateral security for the payment of the purchase price of lots bought on contract.
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Appeal from Polk District Court. — W. H. McHenry, Judge. Alex Jenkins acquired Lot 14 in Block 3 in Bollinson’s Garden Addition to Ft. Des Moines, — since taken into the city of Des Moines, May 12, 1909, — subject to a mortgage of $400. On August 7, 1909, Jenkins, his wife joining, executed a mortgage to the Iowa State Bank, as collateral security for the payment of the purchase price of lots bought on contract. This mortgage was first filed for record August 25, 1913. Not having been acknowledged, it was subsequently withdrawn and acknowledged September 11, 1913, its date being changed…
1Opinion of the CourtLadd, J.
*95 1. Deeds : alterations : alterations subsequent to delivery : failure to redeliver and reacknowl-
*94I. The controversy is over a mortgage of $600 *95executed by Alex Jenkins, August 7, 1909, on a lot then owned by him, to the Iowa State Bank, and not recorded until Sep' tember 11, 1913. In the meantime, October 10, 1910, Jenkins, his wife joining, executed a warranty deed conveying the lot to Mary Paulley, “free from incumbrances, except $1,000 which the grantee assumes and agrees' to pay. ’ ’ This deed was not filed for record until January 3, 1912, after the name of the grantee, Mary Paulley,…
2Cases cited20 opinions
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- Creveling v. BantaSupreme Court of Iowa · 1908
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- Davis v. . InscoeSupreme Court of North Carolina · 1881
- Abbott v. AbbottIllinois Supreme Court · 1901
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