Smith v. Moore
Supreme Court of Iowa
Appeal from Buchanan District Court. — Hon. A. S. Beam, Judge. 1 Suit in equity to foreclose a mortgage. S. L. Moore, a •mortgagee of tlie property, was. made a party defendant, .and, although it is conceded that his mortgage was first recorded, it is claimed that he is not a bona fide purchaser and that he had notice and knowledge of plaintiff’s mortgage.
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Appeal from Buchanan District Court. — Hon. A. S. Beam, Judge. 1 Suit in equity to foreclose a mortgage. S. L. Moore, a •mortgagee of tlie property, was. made a party defendant, .and, although it is conceded that his mortgage was first recorded, it is claimed that he is not a bona fide purchaser and that he had notice and knowledge of plaintiff’s mortgage. Defendant denies notice or knowledge on his part of plaintiff’s mortgage, and pleads his mortgage by way of cross petition, asking that the lien thereof be established. Defendant also pleads that plaintiff’s mortgage was and is without…
1Opinion of the CourtDeemer, J.
2 On December 4, 1890, J. W. Foreman, who held the legal title to the property in controversy, made a mortgage on the same to-secure a note of $4,000, of even date' therewith, to plaintiff. Allen Smith was the beneficial owner of the property, and on the same day Foreman executed a quitclaim deed to said Smith, therefor, by the terms of which he (Smith) assumed and agreed to pay the note and mortgage. This note and mortgage were executed for the purpose of enabling Allen Smith, to use them in paying for the property. The vendors refused to accept the same as payment. Allen Smith, to whom the…
2Cases cited18 opinions
- Bank of North America v. WheelerSupreme Court of Connecticut · 1859
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- Hanson v. ManleySupreme Court of Iowa · 1887
- California National Bank v. GintyCalifornia Supreme Court · 1895
- Byington v. FountainSupreme Court of Iowa · 1883
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3Cited by15 opinions
- Chariton & Lucas County National Bank v. TaylorSupreme Court of Iowa · 1930
- Fremont County v. Fremont County BankSupreme Court of Iowa · 1908
- Corn Belt Trust & Savings Bank of Belle Plaine v. MaySupreme Court of Iowa · 1924
- Jarl v. PritchettSupreme Court of Iowa · 1920
- Martin v. FritzSupreme Court of Iowa · 1922
10 more not listed; retrieve them via the Exa API.