Frick v. Fritz
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — Hon. T. MGibbrson, Judge. Plaintiff is a judgment creditor of the defendant Fritz, and claims the personal property in controversy under the levy of an attachment. The interveners claim it as-mortgagees of Fritz. Trial to the court, and judgment for the plaintiff. The interveners appeal.
1DissentMcClain, J.
(dissenting), — As to the first mortgage referred to in the majority opinion, there is no contention that it was oral, nor is there any attempt to reform the written mortgage on the ground of accident or mistake. Therefore the language of the instrument itself, solely, is, so far as sufficiency of description is concerned, before us for consideration. Plaintiff had notice of this mortgage, not of •some other mortgage, oral or otherwise. If this mortgage is not sufficient as to him, then interveners cannot recover thereon, and we need not discuss the conflicting authorities ■as to what is…
2Cases cited8 opinions
- Plano Manufacturing Co. v. GriffithSupreme Court of Iowa · 1888
- Adams v. Commercial National BankSupreme Court of Iowa · 1880
- Cass v. GunnisonMichigan Supreme Court · 1885
- King v. HowellSupreme Court of Iowa · 1895
- State v. MeshekSupreme Court of Iowa · 1883
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