Cathcart v. Grieve
Supreme Court of Iowa
Appeal from Clay District Court. — How. W. B. Quarton, Judge. Creditor’s bill to subject certain real estate, the legal title to which is in defendant John Pollock, to the payment of a judgment held by plaintiff against James G-. Grieve. Defendants pleaded that the conveyance of the land from Grieve and wife to Pollock was intended as a mortgage to secure Pollock for money loaned, and denied all fraud in the transaction.
Read the full summary
Appeal from Clay District Court. — How. W. B. Quarton, Judge. Creditor’s bill to subject certain real estate, the legal title to which is in defendant John Pollock, to the payment of a judgment held by plaintiff against James G-. Grieve. Defendants pleaded that the conveyance of the land from Grieve and wife to Pollock was intended as a mortgage to secure Pollock for money loaned, and denied all fraud in the transaction. The trial court dismissed the petition, and plaintiff appeals.
1Opinion of the CourtDeemer, C. J.
Plaintiff obtained his judgment against James G. Grieve on March 6, 1895, upon a debt contracted in the year 1891. On the twenty-fifth day of February, 1895, Grieve (his wife, Janet, joining) conveyed, by- warranty deed, four hundred and thirty-nine acres of land in Olay county to defendant John Pollock, for the expressed consideration of two thousand six hundred dollars. The deed recites that it is subject to two mortgages, amounting, in the aggregate, to seven thousand four hundred dollars. This deed was recorded March 2, 1895. At the same time, and evidently as a part of the same…
2Cases cited10 opinions
- Strong v. LawrenceSupreme Court of Iowa · 1882
- Allen v. KirkSupreme Court of Iowa · 1891
- Fuller v. GriffithSupreme Court of Iowa · 1894
- Macomber v. PeckSupreme Court of Iowa · 1874
- Rogers v. DavisSupreme Court of Iowa · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hanneman v. OlsonSupreme Court of Iowa · 1928
- McCormick Harvester Machine Co. v. CaldwellNorth Dakota Supreme Court · 1906
- Klay v. McKellarSupreme Court of Iowa · 1904
- First National Bank of Tama v. LynchSupreme Court of Iowa · 1926