Day v. Brenton
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Suit in equity- to foreclose a deed of trust, in the nature of a mortgage, made and executed by Pat and Mary Kenney, to Peter A. Johnson, covering certain land in Dallas county.
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Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Suit in equity- to foreclose a deed of trust, in the nature of a mortgage, made and executed by Pat and Mary Kenney, to Peter A. Johnson, covering certain land in Dallas county. Defendants, who are the widow and heirs at law -of W. H. Brenton, deceased, claim that decedent was a purchaser of the premises for value, and without notice, and that, at the time he purchased, the deed of trust was apparently satisfied and released- of record by Peter A. Johnson, the trustee named therein. The lower court gave plaintiff a judgment and…
1Opinion of the CourtDeemer, J.
1 The deed of trust in suit conveyed ■die property to Peter A. J ohnson, of Polk county, subject to these conditions: “That if the said Patrick Kenney, his heirs, executors, or administrators, shall p'‘ 7 or cause to be paid to the Iowa Loan & Trust Company, their executors, administrators, or assigns, the sum of one thousand dollars, on or before the first day of ■November, 188G, and to James Lamb three hundred and eighty-six dollars and sixty-one cents on or before the twenty-first day of March, 1884, and sixty-three dollars and thirty-four cents accrued interest, and taxes for 1882, with…
2Cases cited11 opinions
- Williams v. JacksonSupreme Court of the United States · 1883
- Field v. SchieffelinNew York Court of Chancery · 1823
- Bank of the State v. AndersonSupreme Court of Iowa · 1863
- Insurance Co. v. EldredgeSupreme Court of the United States · 1881
- Jenks v. ShawSupreme Court of Iowa · 1896
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3Cited by19 opinions
- Kerschensteiner v. Northern Michigan Land Co.Michigan Supreme Court · 1928
- Keefe v. CropperSupreme Court of Iowa · 1922
- Firato v. TuttleCalifornia Supreme Court · 1957
- Black v. BlackTennessee Supreme Court · 1947
- New England Equitable Insurance v. BoldrickSupreme Court of Iowa · 1921
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