Gray v. Nelson
Supreme Court of Iowa
Appeal from Audubon District Court. — Hon. H. E. Deemer, Judge. Action iu equity to foreclose a mortgage upon certain real estate. The defendants Deere, Wells & Co. are creditors of the defendant L. H. Nelson, the mortgagor, and the cause involves the rights of the plaintiff and Deere, Wells & Co. to subject the land to the payment of their claims against the mortgagor.
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Appeal from Audubon District Court. — Hon. H. E. Deemer, Judge. Action iu equity to foreclose a mortgage upon certain real estate. The defendants Deere, Wells & Co. are creditors of the defendant L. H. Nelson, the mortgagor, and the cause involves the rights of the plaintiff and Deere, Wells & Co. to subject the land to the payment of their claims against the mortgagor. There was a full trial upon the merits, and a decree was entered which was not satisfactory to either party, and both appeal.
1Opinion of the CourtRothrock, J.
1. purchase ¿f mortgagee: merger. I. The defendant L. H. Nelson was the owner of the premises in controversy, and in January, 1880, he executed the mortgage in suit to his father, James Nelson, and on the nineteenth day of October, 1883, he execirke(q a warranty deed to his father for the land. This deed was not delivered to James Nelson until the twenty-fourth day of November, 1883. On the nineteenth day of the same month Deere, Wells & Co., who were creditors of L. H. Nelson, commenced an action against' him upon their claim, and levied an attachment upon the land. Judgment was subsequently…
2Cases cited7 opinions
- Vannice v. BergenSupreme Court of Iowa · 1864
- Wickersham v. ReevesSupreme Court of Iowa · 1855
- Ten Eyck v. CasadSupreme Court of Iowa · 1864
- Linscott v. LamartSupreme Court of Iowa · 1877
- Woodward v. DavisSupreme Court of Iowa · 1880
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3Cited by14 opinions
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- Helmer v. HelmerSupreme Court of Georgia · 1924
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