Rotch v. Hussey
Supreme Court of Iowa
Appeal from Allamakee District Cov/rt. Action in equity to foreclose a mortgage executed to the plaintiff by the defendant Thos. Hussey Jr., in January, 1878. The defendant Thos. Hussey Sr., was made a party as claiming to have a lien upon the premises. He files an answer and cross-bill, averring that his lien is paramount to the plaintiff’s mortgage. He avers that he was formerly the owner of the premises, and sold them to the defendant Thos.
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Appeal from Allamakee District Cov/rt. Action in equity to foreclose a mortgage executed to the plaintiff by the defendant Thos. Hussey Jr., in January, 1878. The defendant Thos. Hussey Sr., was made a party as claiming to have a lien upon the premises. He files an answer and cross-bill, averring that his lien is paramount to the plaintiff’s mortgage. He avers that he was formerly the owner of the premises, and sold them to the defendant Thos. Iiusser Jr., in May, 1873, at which time he took possession; that a deed was executed by him to Hussey Jr., in October, 1877; that the purchase money…
1Opinion of the CourtAdams, J.
i..vendor’s sites or9U1 — Prior to the execution of the deed in October, 1877, the appellant held the legal title. During that time he had no vendor’s lien, whatever his claim might be. After the execution of the deed in October, 1877, he had no vendor’s lien because it was not reserved in the conveyance or by mortgage, and the provision of section 1940 of the Code was in force.
Affirmed.
2Cited by2 opinions
- Fisher v. ShropshireSupreme Court of the United States · 1893
- Prouty v. ClarkSupreme Court of Iowa · 1887