Ettenheimer v. Northgraves
Supreme Court of Iowa
Appeal from Adams District Court. — Hon. R. C. Henry, Judge. Tiie defendant Northgraves executed three mortgages on certain real estate, which were prior liens thereon. Actions were commenced to foreclose such mortgages, and decrees were entered granting such relief.
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Appeal from Adams District Court. — Hon. R. C. Henry, Judge. Tiie defendant Northgraves executed three mortgages on certain real estate, which were prior liens thereon. Actions were commenced to foreclose such mortgages, and decrees were entered granting such relief. In April, 1886, the defendant Booker obtained a judgment against Northgraves, upon which an execution was issued, and in May, 1886, certain real estate was sold under said execution to said Booker, and a certificate of sale issued to him. In J une, 1886, an execution was issued on said judgments of foreclosure, and in July…
1Opinion of the CourtSeevees, C. J.
— I. It will be conceded that the plaintiffs have established the claimed mistake in drafting the mortgages. One material question discussed by counsel is whether Booker had notice or such knowledge of the mortgages and of the mistakes prior to his purchase at sheriff’s sale as to put him on inquiry. There is some evidence that tends to show that he had. But, after a careful reading of the evidence, we unite with the court below in the conclusion that the plaintiffs have failed to establish such proposition by a preponderance of the evidence. The evidence which has such tendency is not so…
2Cases cited4 opinions
- Gower v. DoheneySupreme Court of Iowa · 1871
- Weaver v. CarpenterSupreme Court of Iowa · 1876
- Evans v. McGlassonSupreme Court of Iowa · 1864
- Halloway v. PlatnerSupreme Court of Iowa · 1865
3Cited by4 opinions
- Pugh v. HighleyIndiana Supreme Court · 1899
- Wabash Railway Co. v. Iowa & Southwestern Railway Co.Supreme Court of Iowa · 1925
- Pinckney v. PinckneySupreme Court of Iowa · 1901
- McCarty v. HuntingSupreme Court of Iowa · 1941