McCormick v. Leonard
Supreme Court of Iowa
Appeal from Clarice Circuit Court. Plaintiffs filed in the Circuit Court of Clarke county a petition praying judgment against the defendant, Alva Leonard, on two promissory notes, and asking the foreclosure of a mortgage executed to secure the same by said Leonard and wife, on the 17th day of February, 1871, upon lot two, in block eleven, in the town of Osceola.
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Appeal from Clarice Circuit Court. Plaintiffs filed in the Circuit Court of Clarke county a petition praying judgment against the defendant, Alva Leonard, on two promissory notes, and asking the foreclosure of a mortgage executed to secure the same by said Leonard and wife, on the 17th day of February, 1871, upon lot two, in block eleven, in the town of Osceola. The defendant, T. W. Johnson, filed his separate answer, alleging that he sold the mortgaged lot in question to Alva Leonard on the 15th day of October, 1870, and executed to him a warranty deed therefor, and that on the same day Alva…
1Opinion of the CourtDay., J.
— It appears from the statement of facts that the mortgage to Johnson was first executed, but that it was not filed for record until after the execution of the mortgage to plaintiffs. It is alleged that plaintiffs had knowledge, at the *273time they accepted their mortgage, of this prior mortgage to Johnson.. This question of fact is the only one which we need consider. Notice is alleged by defendant, and upon him is the burden of establishing it. The testimony seems to be in exact equilibrio. One witness testifies that the agent of plaintiff was informed, at the time he accepted plaintiff’s…
2Cited by4 opinions
- Walter v. BrownSupreme Court of Iowa · 1902
- Young v. HamiltonSupreme Court of Iowa · 1932
- Hoskins v. CarterSupreme Court of Iowa · 1885
- Walter A. Wood Mowing & Reaping Machine Co. v. LeeSouth Dakota Supreme Court · 1896