Lyon v. McIlvaine
Supreme Court of Iowa
Appeal from Clinton District Cowrt. Equitable action by a judgment creditor’, Lyon, to remove (before sale under execution) a cloud upon tbe title of his judgment debtors, Mcllvaine and Happer, to certain real estate in Clinton county, upon which his judgment is a lien.
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Appeal from Clinton District Cowrt. Equitable action by a judgment creditor’, Lyon, to remove (before sale under execution) a cloud upon tbe title of his judgment debtors, Mcllvaine and Happer, to certain real estate in Clinton county, upon which his judgment is a lien. March 30,1859, Mcllvaine and Happer, being indebted to William L. Ewing in the sum of about $4,500, to William L. Ewing & Co. about $1,350, and to Ewing, Briggs & Co. about $400, made a mortgage upon the real estate in controversy, to said parties, to secure them in the pay. ment of said sums respectively. This mortgage was…
1Opinion of the CourtCole, J.
1. mortgage: merger. I. The original petition sets out the mortgage to Ewing and others, the issuance and levy of the attachment, the judgment and order of sale thereunder, and the making of the deed to Ewing. It is then stated that the execution, delivery and acceptance of the deed, was a satisfaction of the mortgage in law and in fact, and gave to Ewing a fee simple title, subject to the plaintiff’s lien. It is also averred that the mortgage was fraudulent in fact, and made to hinder and delay creditors, and that there was nothing due under it. This last claim is clearly without foundation,…
2Cases cited2 opinions
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Wickersham v. ReevesSupreme Court of Iowa · 1855
3Cited by7 opinions
- South Branch Lumber Co. v. OttSupreme Court of the United States · 1892
- Shapard v. MixonSupreme Court of Arkansas · 1916
- Conradt v. LepperWyoming Supreme Court · 1905
- Woodhurst v. CramerWashington Supreme Court · 1902
- Fordyce v. HicksSupreme Court of Iowa · 1888
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