Raymond v. Whitehouse
Supreme Court of Iowa
Appeal from Plymouth District Oourt. — Hon. W. M. Hutchinson, Judge. Suit in equity to cancel tbe release of a mortgage executed by defendants Whitehouse to plaintiff; to re-establish said mortgage; to declare defendants Kern & ■Scofield junior and inferior lienholders; to bar and foreclose their lien, or to require them to redeem from a sheriff’s sale held on another mortgage held by plaintiff; and for general equitable relief.' Defendants answered the petition, and George…
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Appeal from Plymouth District Oourt. — Hon. W. M. Hutchinson, Judge. Suit in equity to cancel tbe release of a mortgage executed by defendants Whitehouse to plaintiff; to re-establish said mortgage; to declare defendants Kern & ■Scofield junior and inferior lienholders; to bar and foreclose their lien, or to require them to redeem from a sheriff’s sale held on another mortgage held by plaintiff; and for general equitable relief.' Defendants answered the petition, and George E. May intervened, claiming that plaintiff had released his mortgage of record, and that, relying on this release, he…
1Opinion of the CourtDeemer, J.
There is little dispute over the facts. The conceded ones are as follows: Defendants White-house owned the property in dispute on July 1, 1893, and ■on that day executed a mortgage thereon to plaintiff f'or the sum of $1,030, and another and second mortgage on the same property to the same person to secure notes aggregating $60. Raymond sold the $1,000 note and mortgage, and on the 25th of November, 1895, brought suit to foreclose the second mortgage. The Whitehouses had in the meantime, and on March 6, 1894, made a third mortgage on the same property to one Hamilton, to secure the sum of…
2Cases cited22 opinions
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Vannice v. BergenSupreme Court of Iowa · 1864
- Burtis v. Cook & SargentSupreme Court of Iowa · 1864
- Barney v. McCartySupreme Court of Iowa · 1864
- Livermore v. MaxwellSupreme Court of Iowa · 1893
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3Cited by5 opinions
- Central Trust Co. v. StepanekSupreme Court of Iowa · 1908
- Union Bank & Trust Co. of Stanwood v. WilleySupreme Court of Iowa · 1946
- Summer Thomas v. LawlerSupreme Court of Iowa · 1928
- Roe v. KingSupreme Court of Iowa · 1933
- Gulick v. PeckenpaughSupreme Court of Iowa · 1912