Loomis v. Hudson
Supreme Court of Iowa
Appeal from, Clinton District Court. Hudson made his mortgage to plaintiff on certain real estate, in August, 1857. In this mortgage there was a mistake as to one tract of land. Hudson afterwards sold the land to one Bedford, who was to pay plaintiff’s mortgage— the deed to Bedford giving the correct description of the several tracts.
Read the full summary
Appeal from, Clinton District Court. Hudson made his mortgage to plaintiff on certain real estate, in August, 1857. In this mortgage there was a mistake as to one tract of land. Hudson afterwards sold the land to one Bedford, who was to pay plaintiff’s mortgage— the deed to Bedford giving the correct description of the several tracts. To correct this mistake, plaintiff took a new mortgage from Bedford, and canceled the old one; Bedford representing the property to be free from all incumbrances. Plaintiff had no knowledge to the contrary, and acted in good faitb upon the'truth of the…
1Opinion of the Court
Wright, Ch. J.
There is no difference in the principle involved between this case and Welton v. Tizzard (15 Iowa, 495), and Vannice v. Bergen (16 Id., 555).
'These rulings we believe to correctly reflect the law, and following them the judgment below is
Affirmed.
2Cases cited1 opinion
- Welton v. TizzardSupreme Court of Iowa · 1864
3Cited by3 opinions
- Burnhisel v. FirmanSupreme Court of the United States · 1875
- Rea v. WilsonSupreme Court of Iowa · 1900
- Howell v. BushMississippi Supreme Court · 1877