Argall v. Pugh
Supreme Court of Iowa
Appeal from Ha/rrison Circuit Court. Action in chancery to quiet the title to certain land. Appellant was, with others, made a defendant and the petition alleges that he claims some interest and title in and to the property adverse to the title of plaintiffs. The relief prayed for in the petition is that plaintiff’s title be established and declared to be paramount to the claims of defendant; general relief is also sought in the petition.
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Appeal from Ha/rrison Circuit Court. Action in chancery to quiet the title to certain land. Appellant was, with others, made a defendant and the petition alleges that he claims some interest and title in and to the property adverse to the title of plaintiffs. The relief prayed for in the petition is that plaintiff’s title be established and declared to be paramount to the claims of defendant; general relief is also sought in the petition. A decree was rendered for plaintiffs upon a trial on the merits; defendant appeals.
1Opinion of the CourtBeck, J.
I. The petition was filed on the 9th day of February, 1880, and service by publication was made upon defendant. At the appearance term, in March following, defendant filed his answer denying that plaintiffs are the unqualified owners of the land, and averring that their grantee executed to defendant a mortgage thereon to secure a promissory note by him executed to defendant, which is due and remains unpaid and is still his property. It is shown that *309the mortgage was duly recorded. Defendant alleges that whatever interest or estate the plaintiffs have in the land is subject to his mortgage,…
2Cases cited3 opinions
- Taylor & Co. v. KierSupreme Court of Iowa · 1880
- Cornell v. CornellSupreme Court of Iowa · 1880
- Schmeltz v. SchmeltzSupreme Court of Iowa · 1879