Middleton Savings Bank v. City of Dubuque
Supreme Court of Iowa
3. Dubuque : mortgage. Section 25 of the charter of the City of Dubuque invests the city council -with the full control of the city property, real, personal and mixed, and contains a complete grant of power to be exercised and used for the benefit and use of the inhabitants of said corporation. The inhibition contained in the proviso in said section applies to alienations of real property, and not to the execution of a mortgage or the creation of an incumbrance thereon.
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3. Dubuque : mortgage. Section 25 of the charter of the City of Dubuque invests the city council -with the full control of the city property, real, personal and mixed, and contains a complete grant of power to be exercised and used for the benefit and use of the inhabitants of said corporation. The inhibition contained in the proviso in said section applies to alienations of real property, and not to the execution of a mortgage or the creation of an incumbrance thereon. Baldwin, Ch. J., dissenting. 4. Construction op a mortgage. A mortgage executed by the city of . Dubuque upon certain real…
1Opinion of the CourtWeight, J.
Complainant seeks to foreclose a mortgage made by the City of Dubuque, to Jessup & Company, upon several parcels of real estate, to secure certain bonds for money loaned, amounting in the aggregate to the sum of thirty thousand dollars. The respondents, claiming to be subsequent purchasers of a portion of the lands thus encumbered, set up the following matter in defense. That at the time of the execution of said mortgage, the City of Dubuque was a municipal corporation acting under and by virtue of a charter from the Legislature of the State of Iowa, section 25 of which was as follows, to…
2Cases cited2 opinions
- City of Dubuque v. MillerSupreme Court of Iowa · 1861
- WILSON v. Mayor of New YorkNew York Court of Common Pleas · 1857
3Cited by8 opinions
- Fuller & Co. v. HuntSupreme Court of Iowa · 1878
- Warren v. Davenport Fire InsuranceSupreme Court of Iowa · 1871
- Commerce Trust Co. v. ChandlerCourt of Appeals for the First Circuit · 1922
- Warden v. City of GraftonWest Virginia Supreme Court · 1943
- Adams v. Mayor of RomeSupreme Court of Georgia · 1877
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