Yerger v. Barz
Supreme Court of Iowa
Appeal from JTeoJmJe District Court-. This action is instituted for a judgment upon notes, and the foreclosure of a mortgage against the defendants, Herman and Maria Barz, and for a decree declaring the lien of plaintiffs to be superior to that of the other defendants.
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Appeal from JTeoJmJe District Court-. This action is instituted for a judgment upon notes, and the foreclosure of a mortgage against the defendants, Herman and Maria Barz, and for a decree declaring the lien of plaintiffs to be superior to that of the other defendants. The defendants Covill and The Iowa Loan and Trust Co., by way of cross-bill, ask the foreclosure of mortgages against their co-defendants, and pray that the lien in favor of each respectively be declared superior to the lien claimed by plaintiff. The court granted the plaintiff the relief asked. The defendants Covill and The…
1Opinion of the CourtDay, J.
a. mortgage: liens^reoording law. I. On January 18, 1877, Herman Barz and wife executed a mortgage on the lands in controversy to F. -G- Gaylord to secure him or his order in thepaymerit of $1,000, evidenced by five promissory notes, dated December 25,1876, and due, respect-' ively, in one, two, three, four, and five years from date. The mortgage was acknowledged, and, on January 27, 1877, was filed for record in the office of the recorder of Keokuk county, and all the statutory entries were made in the index books, except the page of the book where the record of the mortgage was made. The…
2Cases cited3 opinions
- Barney v. McCartySupreme Court of Iowa · 1864
- Preston, Kean & Co. v. Morris Case & Co.Supreme Court of Iowa · 1876
- Day v. WamsleyIndiana Supreme Court · 1870
3Cited by11 opinions
- Connecticut Mutual Life Insurance v. TalbotIndiana Supreme Court · 1887
- Reed v. MunnCourt of Appeals for the Eighth Circuit · 1906
- Atkinson v. FooteCalifornia Court of Appeal · 1919
- Lunt v. NeeleySupreme Court of Iowa · 1885
- Christie v. SherwoodCalifornia Supreme Court · 1896
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