Burnap v. Cook
Supreme Court of Iowa
Appeal from Cedar District Court. . On tbe 19tb day of December, 1859, tbe defendant, ¥m, L. Cook, claiming to be seised of tbe tohole of tbe 5. "W. J of section 2, T. 79, R 4, W., situate in Cedar county, executed to one Yan Wyck, as trustee, a deed of trust, conveying to bim tbe above tract of land for. tbe purpose of securing to tbe plaintiff a promissory note for $1,130.61. The note remaining unpaid, the plaintiff elected to treat the deed of trust as a mortgage, and…
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Appeal from Cedar District Court. . On tbe 19tb day of December, 1859, tbe defendant, ¥m, L. Cook, claiming to be seised of tbe tohole of tbe 5. "W. J of section 2, T. 79, R 4, W., situate in Cedar county, executed to one Yan Wyck, as trustee, a deed of trust, conveying to bim tbe above tract of land for. tbe purpose of securing to tbe plaintiff a promissory note for $1,130.61. The note remaining unpaid, the plaintiff elected to treat the deed of trust as a mortgage, and filed his petition in the Cedar District Court to foreclose the same, making the debtor, Cook, and one Moses Y. Butler, and…
1Opinion of the CourtDillon, J.
By recurring to the facts above found, it will be seen, that Butler, and .wife commenced the occupation of the forty acres in dispute as.their .homestead, about *153J uly 1st, 1855, and some months antecedent the execution of what is termed the Ann Leland mortgage. It will also be seen that the plaintiff’s rights depend upon those of Cook, the trustor-in the deed of trust, which is the foundation of the present suit Cook’s title to the homestead forty, is derived under and rests upon the mortgage, which Butler alone, without the concurrence of his wife, and at a time when the land in controversy…
2Cases cited11 opinions
- Tadlock v. EcclesTexas Supreme Court · 1858
- Revalk v. KraemerCalifornia Supreme Court · 1857
- Swift v. KraemerCalifornia Supreme Court · 1859
- Christy v. DyerSupreme Court of Iowa · 1863
- Hill v. NewmanCalifornia Supreme Court · 1855
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3Cited by7 opinions
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Gibson v. HutchinsonSupreme Court of Iowa · 1910
- Prout v. BurkeNebraska Supreme Court · 1897
- Chase v. AbbottSupreme Court of Iowa · 1866
- In re BrownWyoming Supreme Court · 1884
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