Fair v. Brown
Supreme Court of Iowa
Appeal from Winneshieh District Court. ActioN to foreclose a mortgage executed by the defendants, Brown and others. Weiser is made a defendant, as one claiming some interest in the mortgaged premises, which is claimed to be subject to the mortgage. There was a decree foreclosing the mortgage subject to certain judgments held by defendant, Weiser, which are declared to be prior to the lien of plaintiff’s mortgage. Defendant, Weiser, appeals.
1Opinion of the CourtBeck, J.
-The defendant, Weiser, in addition to the judgments held by him, which are protected by the decree of the court, held also a mortgage on part of the lands covered by plaintiff’s lien, which was executed and recorded after the mortgage sued upon. He is also the holder of a tax title upon all of the lands covered by plaintiff’s mortgage except one forty-acre tract. lie claims to own the fee simple title of the lands covered by the tax deeds under which he holds, discharged from the lien of plaintiff’s mortgage. No question arises as to his mortgage, for it is junior to plaintiff’s, and none…
2Cases cited3 opinions
- Rice v. NelsonSupreme Court of Iowa · 1869
- Porter v. LaffertySupreme Court of Iowa · 1871
- Stears v. HollenbeckSupreme Court of Iowa · 1874
3Cited by33 opinions
- Independent Coal & Coke Co. v. United StatesSupreme Court of the United States · 1927
- Burns v. ByrneSupreme Court of Iowa · 1876
- Austin v. BarrettSupreme Court of Iowa · 1876
- Garrettson v. ScofieldSupreme Court of Iowa · 1876
- Gilman v. HeitmanSupreme Court of Iowa · 1907
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