Bell v. Evans
Supreme Court of Iowa
Appeal from Madison District Court. The plaintiff claims to be the owner of the north-east quarter of section number two, township seventy-five, range twenty-six, west, in Madison county, by virtue of a title from Isaac C. Smith to Milton Smith, bearing date August 2d, 1854, recorded February 22,1859; and by deed from Milton Smith, to plaintiff, dated December 12th, 1854, recorded February 26tb,1859. Upon, the 15th day of October, 1857, one Alexander.
Read the full summary
Appeal from Madison District Court. The plaintiff claims to be the owner of the north-east quarter of section number two, township seventy-five, range twenty-six, west, in Madison county, by virtue of a title from Isaac C. Smith to Milton Smith, bearing date August 2d, 1854, recorded February 22,1859; and by deed from Milton Smith, to plaintiff, dated December 12th, 1854, recorded February 26tb,1859. Upon, the 15th day of October, 1857, one Alexander. Roberts recovered judgment in the District Court of said county against the said Isaac 0. Smith, and one Jesse C. Young,; which judgment was…
1Opinion of the CourtBaldwin, J.
Two causes are assigned by appellants and urged by counsel in their argument for reversing the decree of the District Court.
I. That the lien of the judgment of Roberts, -who assigned to Yawter, is paramount to the unrecorded deeds of Smith to Smith, and Smith to Bell; that as neither Roberts nor Yaw-ter, as a judgment creditor of Smith, had any notice whatever, either actual or constructive, of Bell’s purchase of said land, that said judgment is a lien upon said land; and that as the judgment creditor of said Smith, Yawter has aright to sell the same. It is claimed that the question as to the…
2Cases cited3 opinions
- Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
- Wickersham v. ReevesSupreme Court of Iowa · 1855
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1857
3Cited by14 opinions
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
- Welton v. TizzardSupreme Court of Iowa · 1864
- Fletcher v. KellySupreme Court of Iowa · 1893
- Seevers v. DelashmuttSupreme Court of Iowa · 1860
- Coates v. SmithOregon Supreme Court · 1916
9 more not listed; retrieve them via the Exa API.