Wickersham v. Reeves
Supreme Court of Iowa
Appeal from the Lee District Court. This was a bill in chancery to quiet the title to lot one in block twenty-four in Keokuk, filed by Wickersham, September, 15, 1853, against Reeves & Miller. Tbe substantial allegations of tbe bill, are as follows: On and before tbe 28tb of November, 1851, one John Lockman was the owner in fee of one -undivided eigbtb part, and one-sixth of seven-eigbtbs of said lot, and in possession of tbe same.
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Appeal from the Lee District Court. This was a bill in chancery to quiet the title to lot one in block twenty-four in Keokuk, filed by Wickersham, September, 15, 1853, against Reeves & Miller. Tbe substantial allegations of tbe bill, are as follows: On and before tbe 28tb of November, 1851, one John Lockman was the owner in fee of one -undivided eigbtb part, and one-sixth of seven-eigbtbs of said lot, and in possession of tbe same. Tbe said eigbtb was at tbat time incumbered by a mortgage, executed by Lockman to one Sandford P. Martin, on tbe 22d of August, 1851, to secure tbe sum of $73.88,…
1Opinion of the CourtIsbell, J.
So far as the mortgage executed to Martin, is concerned, in this adjudication, there is no question made, 'but that it contiuued to be a valid subsisting lien on the premises, up to the time of the purchase of the legal title by petitioner; but it is claimed, that at that time, it merged into the legal title, and became extinct. We think, that this view is not sustainable. The evidence clearly shows, that this was not the intent of the parties to the sale of the legal title to the petitioner, nor was it for the interest of petitioner. We, therefore, conclude, that this mortgage still…
2Cited by26 opinions
- Vannice v. BergenSupreme Court of Iowa · 1864
- Brinton v. SeeversSupreme Court of Iowa · 1861
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1857
- Newman v. SamuelsSupreme Court of Iowa · 1864
- Wilhelmi v. LeonardSupreme Court of Iowa · 1862
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