Haynes, Hutt & Co. v. Seachrest
Supreme Court of Iowa
Appeal from Warren District Court. On the 11th day of November, 1857, a deed of trust, purporting to be signed by E. Gr. Seachrest and O. M. Meek, was made to Lewis Todhunter, to secure certain debts owing to Stadler Bro. & Co. and Laner Bro’s.
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Appeal from Warren District Court. On the 11th day of November, 1857, a deed of trust, purporting to be signed by E. Gr. Seachrest and O. M. Meek, was made to Lewis Todhunter, to secure certain debts owing to Stadler Bro. & Co. and Laner Bro’s. This deed was upon the.following described lands : “The.undivided two-thirds of the East half of the N. E. J of section 31, and the S. E. i of the S. E. J, and the S. W. J of S. E. J of section 30, except the plat of East Palmyra, and twelve rods off the West side of said quarter, and the N. E. J of the N. E. J of sect. 25, and the S. E. \ of the N. W.…
1Opinion of the CourtWright, J.
Whether the deed of trust was so defectively acknowledged as that the recording of the same wou-ld not impart constructive notice of its contents to the subsequent mortgagees, we need not determine, as an examination of the testimony satisfies us that complainants had actual notice of said trust deed. And in arriving at this conclusion, we have not considered the testimony of Tod-hunter, who took the acknowledgment. He is a party to the record, and his testimony was properly excluded by the court below. Aside from this testimony, however, we are satisfied that complainants knew, at the time…
2Cases cited1 opinion
- Miller v. ChittendenSupreme Court of Iowa · 1856
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- Hubbard v. German Catholic CongregationSupreme Court of Iowa · 1871
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