Barney v. Little
Supreme Court of Iowa
Appeal from Lee District Court. On tbe 29th clay of March, 1853, David B. Little executed to Charles Mason, his mortgage on three tracts of land, in Lee County, to secure $2,400 of the purchase-money therefor. This mortgage was duly acknowledged, was filed for record with the Becorder on the 31st day of March, 1853, and recorded at length in Book No. 3 of Mortgages, at page 546; being in its proper order and placed in the record book.
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Appeal from Lee District Court. On tbe 29th clay of March, 1853, David B. Little executed to Charles Mason, his mortgage on three tracts of land, in Lee County, to secure $2,400 of the purchase-money therefor. This mortgage was duly acknowledged, was filed for record with the Becorder on the 31st day of March, 1853, and recorded at length in Book No. 3 of Mortgages, at page 546; being in its proper order and placed in the record book. Afterwards, viz., in 1856, 1857 and 1858, the defendants, Bobert Bobertson, Williams and Worley, severally purchased of Little portions of the land embraced in…
1Opinion of the CourtDillon, J.
The only question presented by the record is, whether the registry of this mortgage was so imperfect and incomplete as not to charge subsequent purchasers and mortgagees with constructive notice. We quote those sections of the Code of 1851, relating to this subject:
“Section 1211. No instrument affecting real estate is of any validity against subsequent purchasers, for a valuable consideration without notice, unless recorded in the office of the Eecorder of Deeds of the county in which the land lies, as hereinafter provided.”
“ Section 1212. It shall not be deemed lawfully recorded unless it…
2Cases cited8 opinions
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