Scott v. Rogers
Supreme Court of Iowa
Appeal from, Muscatine District Court. — How. W. F. Brannan, Judge. This is an action for the foreclosure of a mortgage executed by Peter Rogers to Scott & Clute, on the fifteenth day of February, 1886, upon certain real estate in Muscatine county.
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Appeal from, Muscatine District Court. — How. W. F. Brannan, Judge. This is an action for the foreclosure of a mortgage executed by Peter Rogers to Scott & Clute, on the fifteenth day of February, 1886, upon certain real estate in Muscatine county. The mortgage was duly filed for record on the sixteenth day of February, 1886. Prior thereto, to-wit, January 10, 1886, Catherine Rogers filed her petition in the circuit court of said county, asking that she be divorced from said Peter Rogers, and alleging that he had real and personal property, and asking for one thousand dollars alimony, and…
1Opinion of the CourtGiven, C. J.
I. The validity of the plaintiff’s mortgage is not questioned, and herein this case differs from Sesterhen v. Sesterhen, 60 Iowa, 301. This morthaving been executed and recorded prior to the rendering of either of the judgments for alimony, it is entitled to priority, unless the petition, upon which these judgments were rendered, comes within the provisions of section 2628 of the Code, which provides : “ When a petition has been filed affecting real estate, the action is pending so as to charge third persons with notice of its pendency, and, while pending, no interest can be acquired by third…
2Cases cited2 opinions
- O'Brien v. PutneySupreme Court of Iowa · 1880
- Sesterhen v. SesterhenSupreme Court of Iowa · 1882
3Cited by1 opinion
- Shipley v. ShipleySupreme Court of Iowa · 1919