Vannice v. Bergen
Supreme Court of Iowa
Appeal from Benton District Court. On the 7th day of April, 1857, plaintiffs (father and son) loaned to Bergen $2,000, taking his two notes for $1,000 each, due April 1, 1859, one note being payable to Henry (the father), and the other to the son Albert.
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Appeal from Benton District Court. On the 7th day of April, 1857, plaintiffs (father and son) loaned to Bergen $2,000, taking his two notes for $1,000 each, due April 1, 1859, one note being payable to Henry (the father), and the other to the son Albert. Bergen and wife made their mortgage to plaintiffs to secure said notes upon one hundred and sixty acres of land, which was duly recorded September 26, 1857. February 19, 1859, respondents, Greene, Traer & Co., recovered, in vacation, by confession, a judgment against said Bergen and one Chinn for $667.24, which (if valid) is an admitted lien…
1Dissent
Dillon, J.,
dissenting. — I proceed to state, as briefly as may be, my views of the case, and the grounds of my partial non-concurrence in the result reached by the opinion which has just been pronounced.
The mortgage which the present petition seeks to revive and reinstate, secured two notes, one to Henry and one to Albert V. Vanniee. This mortgage was the first lien on the property. While Bergen, the mortgagor, was the owner of the property (subject, of course, to the lien of the mort*567gage of the Messrs. Yannice), the defendants, Greene, Traer . & Co., recovered their judgment against Bergen.…
2Cases cited21 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
- Mooers v. WhiteNew York Court of Chancery · 1822
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
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