Howe v. Thayer
Supreme Court of Iowa
Appeal from Linn District Court. Action to set aside a mortgage as constituting a cloud upon the plaintiff’s title. The plaintiff purchased the premises in question of one William H. Furman. At the time he purchased a mortgage had been executed upon the premises to the defendant, Carrie W. Thayer, and recorded; but it had been indexed and recorded as executed by William H. Freeman instead of William H. Furman.
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Appeal from Linn District Court. Action to set aside a mortgage as constituting a cloud upon the plaintiff’s title. The plaintiff purchased the premises in question of one William H. Furman. At the time he purchased a mortgage had been executed upon the premises to the defendant, Carrie W. Thayer, and recorded; but it had been indexed and recorded as executed by William H. Freeman instead of William H. Furman. The plaintiff avers in his petition that “before receiving the deed he took all necessary and prudent measures to ascertain if the title was good and free from all incumbrance, and said…
1Opinion of the CourtAdams, J.
1. NOTICE : when mortgage is not indexed. The purchaser was not bound to look beyond the’index. Noyes v. Horr, 13 Iowa, 570. The only question is as to whether the name of the mortgagor was so indexed as to impart constructive notice of the mortgage. To many persons examining the record it might occur that the. name of William EL Freeman was written by mistake for William H. Furman, but it would not necessarily, and we could not say that an examiner would be guilty of negligence to whom it should not occur. We think, then, that the plaintiff, did not have constructive notice of the mortgage.
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2Cases cited1 opinion
- Noyes v. HorrSupreme Court of Iowa · 1862
3Cited by10 opinions
- Thornily v. PrenticeSupreme Court of Iowa · 1903
- Koch v. WestSupreme Court of Iowa · 1902
- Geneva v. ThompsonSupreme Court of Iowa · 1925
- Ætna Line Insurance v. HesserSupreme Court of Iowa · 1889
- Parry v. ReinertsonSupreme Court of Iowa · 1929
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