First Nat. Bank of Tama City v. Hayzlett
Supreme Court of Iowa
Appeal from Linn District Court. This is an action to foreclose a mortgage executed on tbe 15th day of February, 1873, by tbe defendants William and Elizabeth Hayzlett, to secure the payment of four promissory notes, executed to C. B. Bradshaw, aggregating the sum of $2,061.00. The mortgage was filed for record February 27, 1873. The defendants Leigh, Herron and Jordan commenced their several actions against the defendants Hayzlett, and without notice of the mortgage, but…
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Appeal from Linn District Court. This is an action to foreclose a mortgage executed on tbe 15th day of February, 1873, by tbe defendants William and Elizabeth Hayzlett, to secure the payment of four promissory notes, executed to C. B. Bradshaw, aggregating the sum of $2,061.00. The mortgage was filed for record February 27, 1873. The defendants Leigh, Herron and Jordan commenced their several actions against the defendants Hayzlett, and without notice of the mortgage, but after its execution, and before it was filed for record, caused the mortgaged property to be attached. The several…
1Opinion of the Court
Hay, J.:
It is now the settled law of this State that an attachment or judgment lien does not take precedence over a prior unrecorded deed or mortgage, of which the creditor had no notice. Norton, Jewett & Busby v. Williams, 9 Iowa, 528; Evans v. McGlasson, 18 Ib., 150; Hayes v. Thode, Ib., 51; Bell v. Evans, 10 Ib., 353; Welton v. Tizzard, 15 Ib., 495; Churchill v. Morse, 23 Ib., 229; Hayes v. Allen, 27 Ib., 208.
It is claimed by appellant, however, that this case involves *660a construction of section 3243, Revision of 1860, which in substance provides that no levy of attachment on real estate…
2Cases cited1 opinion
- Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
3Cited by4 opinions
- Grant v. CherrySupreme Court of Iowa · 1925
- Moorman v. GibbsSupreme Court of Iowa · 1888
- Moore v. ScruggsSupreme Court of Iowa · 1906
- Duncan v. MillerSupreme Court of Iowa · 1884