Parmenter v. Oakley
Supreme Court of Iowa
Appeal from Linn Circuit Court. Action in chancery to foreclose a mortgage upon lands. There was a decree of foreclosure and a judgment rendered against the mortgagor, but the decree provided that a mortgage held by defendant Lathran was a lien upon the lands paramount to plaintiff’s mortgage. From this provision of the decree the plaintiff appeals.
1Opinion of the CourtBeck, J.
I. The following facts are shown by the pleadings and an agreed statement of facts filed in the case. The mortgage in suit was executed by Oakley and wife to Bixby, conveying the undivided one-lialf of a town lot. On the day of its execution the mortgage, and the notes secured by it, were transferred by a verbal assignment to the plaintiff’, as collateral security upon a promissory note of Bixby held by plaintiff. The transfer was not entered or noted upon the record of the mortgage. Subsequently Bixby executed the mortgage under which Lathran claims upon the lot in question, and therein…
2Cases cited2 opinions
- Bowling v. CookSupreme Court of Iowa · 1874
- Vandercook v. BakerSupreme Court of Iowa · 1878
3Cited by16 opinions
- Farmer v. Bank of GraettingerSupreme Court of Iowa · 1906
- Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
- Jenks v. ShawSupreme Court of Iowa · 1896
- Price v. Northern Bond & Mortgage Co.Washington Supreme Court · 1931
- United States v. FlemingDistrict Court, N.D. Iowa · 1946
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