Aufricht v. Northrup
Supreme Court of Iowa
Appeal from Decatur District Court. On the 18th day’of April, 1856, the plaintiff being the/ owner of the east half of the southwest quarter of section^ thirty-one, township seventy, range six west, executed ai mortgage thereon to the school fund commissioner for Deca- 8 tur county, to secure the payment of three hundred and t fifty dollars, with ten per cent interest thereon, till paid. \ On the 22d day of January, 1857, the plaintiff sold the | same land to the defendant,…
Read the full summary
Appeal from Decatur District Court. On the 18th day’of April, 1856, the plaintiff being the/ owner of the east half of the southwest quarter of section^ thirty-one, township seventy, range six west, executed ai mortgage thereon to the school fund commissioner for Deca- 8 tur county, to secure the payment of three hundred and t fifty dollars, with ten per cent interest thereon, till paid. \ On the 22d day of January, 1857, the plaintiff sold the | same land to the defendant, and executed a deed therefor, 8 which stated the consideration to be the sum of two hun- I dred dollars in hand paid.…
1Opinion of the CourtCole, J.
1. COISfVEYASaSi:°ex-e‘ ception. The sale and conveyance of the tract of land, with covenants of general warranty, subject, however, to a prior mortgage, does not of itself, and ’ L 001 . without further showing, amount, m law, to a prorjiise by the grantee to pay off such incumbrance and discharge the mortgage debt. Johnson v. Monell, 13 Iowa, 300.
If the conveyance had been -not only subject to the mortgage, but to the payment of it, or to the performance *63of its conditions or the like, the rule might be different. Burnett v. Lynch, 5 Barn. & Cress., 589; Stewart v. Wolveridge, 9 Bing., 60; 8…
2Cases cited5 opinions
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Johnson v. MonellSupreme Court of Iowa · 1862
- Townsend v. WardSupreme Court of Connecticut · 1858
- McMahan v. StewartIndiana Supreme Court · 1864
- In re LivingstonNew York Supreme Court · 1845
3Cited by5 opinions
- Seiffert & Wiese Lumber Co. v. HartwellSupreme Court of Iowa · 1895
- Shult v. DoyleSupreme Court of Iowa · 1925
- Hawn v. MaloneSupreme Court of Iowa · 1920
- Des Moines Joint Stock Land Bank v. AllenSupreme Court of Iowa · 1935
- Bristol Savings Bank v. StigerSupreme Court of Iowa · 1892