Wilson v. Traer & Co.
Supreme Court of Iowa
Appeal from Benton District Court. Action of replevin for a mare of the value of one hundred and twenty dollars. There was an agreed statement of facts, in substance, that the mare in controversy was mortgaged by tbe owner, while in possession thereof, to ■.the defendants, to secure a Iona fide debt, still unpaid; that said mortgage was acknowledged in due form, before J. W. Traer, a notary public, who was and still is a member of the firm of J. W. Traer & Co. (plaintiffs)…
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Appeal from Benton District Court. Action of replevin for a mare of the value of one hundred and twenty dollars. There was an agreed statement of facts, in substance, that the mare in controversy was mortgaged by tbe owner, while in possession thereof, to ■.the defendants, to secure a Iona fide debt, still unpaid; that said mortgage was acknowledged in due form, before J. W. Traer, a notary public, who was and still is a member of the firm of J. W. Traer & Co. (plaintiffs) and interested, as such partner, in the mortgage; that the mort* gage was recorded in the recorder’s office of the proper…
1Opinion of the CourtCole, J.
i. acjoww^intellíea ' There is but one question for us to determine in this case, and that is, whether an acknowledgment of an instrument taken and certified by a person intereste(^- ™ ^ as grantee, is so far legal or valid as to make a record of such instrument notice of the right of the grantees'therein.
It might with some show of reason be claimed, that since the acknowledgment is regular in form, and identity of the grantee with the officers taking it, being always a matter to be shown aliunde, or sometimes, as in this case, not being even indirectly indicated upon the instrument itself,…
2Cases cited2 opinions
- Withers v. BairdSupreme Court of Pennsylvania · 1838
- Dussaume v. BurnettSupreme Court of Iowa · 1857
3Cited by26 opinions
- Lee v. MurphyCalifornia Supreme Court · 1897
- Stevens v. HamptonSupreme Court of Missouri · 1870
- Green v. AbrahamSupreme Court of Arkansas · 1884
- Merced Bank v. RosenthalCalifornia Supreme Court · 1893
- Ardmore Nat. Bank v. Briggs MacHinery & Supply Co.Supreme Court of Oklahoma · 1908
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