Jones v. Berkshire
Supreme Court of Iowa
Appeal from, Dallas District Court. Complainant seeks to foreclose a mortgage made by W. H. Berkshire and wife to one Kahler, in March, 1860, upon certain lands held in the name of the wife. The respondent, Lemon, claims to be a bona fide purchaser of the same premises, without notice of complainant’s mortgage, under a deed of September 8th, 1860. On the hearing, respondent’s position was sustained, and complainant appeals.
1Opinion of the CourtWright, J.
That the certificate of acknowledgment attached to the mortgage fails to comply with the requirements of our statute is substantially admitted by appellant’s counsel. It is claimed, however, that it is in accordance with the laws of the State (Indiana) where it was executed; that it is, therefore, good and sufficient here, and that when recorded, it imparted constructive notice of its contents to subsequent purchasers. This view is sought to be sustained by §§ 2245, 2246, 2248 of the.Revision. Appellant can derive no aid from §§ 2245 and 2246, as there is no pretense that there is a seal…
2Cases cited1 opinion
- Scoles v. WelseySupreme Court of Iowa · 1860
3Cited by15 opinions
- Loser v. Plainfield Savings BankSupreme Court of Iowa · 1910
- Ely v. . NormanSupreme Court of North Carolina · 1918
- Whitehurst v. GarrettSupreme Court of North Carolina · 1928
- Christ v. City of Webster CitySupreme Court of Iowa · 1898
- Bresser v. SaarmanSupreme Court of Iowa · 1901
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