Lowe v. Grinnan
Supreme Court of Iowa
Appeal from Lee District Court. By the plaintiff’s petition it appears that one D. A. Day, to secure him a certain sum of money, on the 3d of May, 1859, made his mortgage on two lots in the city of Keokuk, and that on the 11th of February, 1861, he obtained a judgment at law for the sum thus due, amounting to $1,821,25, and that Day is insolvent.
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Appeal from Lee District Court. By the plaintiff’s petition it appears that one D. A. Day, to secure him a certain sum of money, on the 3d of May, 1859, made his mortgage on two lots in the city of Keokuk, and that on the 11th of February, 1861, he obtained a judgment at law for the sum thus due, amounting to $1,821,25, and that Day is insolvent. On the 6th of April, 1858, Day executed to P. S. Lomax, Esq., a deed of trust-to secure a large sum of money to the defendants, O. and D. M. G-rinnan, on the same property, which deed was foreclosed by due notice and sale, and the property purchased…
1Opinion of the Court
Wright, Ch. J.
While counsel have occupied a wide field in the discussion of this case, in our view the, determination of one question settles the entire controversy, and renders the examination of all others quite immaterial.
In the petition it is suggested that the deed of trust to Lomax from Day was defectively acknowledged, and hence that the recording of the same did not impart constructive notice of the lien thereby created. No defect is pointed out or specified, however, either in the pleadings or argument. No copy of the instrument is attached. The allegation is denied by the answer,…
2Cases cited5 opinions
- Doolittle v. LewisNew York Court of Chancery · 1823
- President of Bank of the Metropolis v. GuttschlickSupreme Court of the United States · 1840
- Cook & Sargent v. DillonSupreme Court of Iowa · 1859
- Newman v. SamuelsSupreme Court of Iowa · 1864
- Chase v. ParkerSupreme Court of Iowa · 1862
3Cited by6 opinions
- Field v. City of Des MoinesSupreme Court of Iowa · 1874
- McNamara v. EstesSupreme Court of Iowa · 1867
- Standish v. DowSupreme Court of Iowa · 1866
- State v. HaskellSupreme Court of Iowa · 1866
- Metropolitan Life Ins. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1939
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