Koon v. Tramel
Supreme Court of Iowa
Appeal from Jasper District Court. This-is an action in equity, and involves tbe question as to •the priority of two mortgages upon certain real estate, this' plaintiff being tbe owner of one mortgage,- and tbe defendant, the First National Bank of Newton, being the owner of the other. The court below held the plaintiff’s mortgage to be the first lien on the land, and the defendants appeal.
1Opinion of the CourtRothrock, J.
I. At some time previous to April 1, 1881, the pláintiff was the owner of an eighty acre farm, and the defendant Tramel was the owner of a farm' of fifty acres, and they agreed to exchange farms. It does not appear that the agreement was reduced to writing; and the terms of the trade or exchange are not very clearly shown by the evidence. The fifty acre farm was incumbered by a mortgage to one Smith, which mortgage Tramel was to discharge and pay. The eighty acre farm was mortgaged to the school fund for $150, and Tramel was also to pay this mortgage. The evidence is very indefinite as to…
2Cases cited6 opinions
- Eylar v. EylarTexas Supreme Court · 1883
- Cook v. . TravisNew York Court of Appeals · 1859
- Porter v. GreenSupreme Court of Iowa · 1857
- Dawson v. Danbury BankMichigan Supreme Court · 1867
- Port v. EmbreeSupreme Court of Iowa · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Rule v. CareySupreme Court of Iowa · 1916
- Heiman v. FelderSupreme Court of Iowa · 1916
- Dodge v. DavisSupreme Court of Iowa · 1892
- Turman v. BellSupreme Court of Arkansas · 1891
- Tutt v. SmithSupreme Court of Iowa · 1924
29 more not listed; retrieve them via the Exa API.