O'Brien v. Pettis
Supreme Court of Iowa
Appeal from Fremont District Court. This is a controversy respecting the priority of right and title to a certain lot and building thereon in Hamburg. The plaintiff claims title under a mortgage foreclosure sale, and . the defendant under a mechanic’s lien foreclosure sale.
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Appeal from Fremont District Court. This is a controversy respecting the priority of right and title to a certain lot and building thereon in Hamburg. The plaintiff claims title under a mortgage foreclosure sale, and . the defendant under a mechanic’s lien foreclosure sale. The plaintiff, asserting his title as paramount, brings this suit in ■equity to enjoin the defendants from receiving a sheriff’s deed and from asserting any title under their purchase; and asks that his' title be .quieted. The defendants, by answer and cross bill, assert the paramount character of their title and ask that…
1Opinion of the CourtCole, J.
The plaintiff derives title to the lot in controversy under a mortgage made by the o^ner, Oct. 18, 1868, and a decree of foreclosure thereof rendered Aug. 29, 1871, and a purchase thereunder made at sheriff’s sale May 4,1872.
The defendants claim title by virtue of work done and materials furnished for making certain improvements on said lot during 1871. The mechanic’s lien claims therefor were filed, one on July 6, 1871, and judgment rendered thereon Jan. 4, 1872; the other July’ 11, 1871, and judgment rendered thereon March 8, 1872, and a sale under both Sept. 2, 1872. It will be seen that…
2Cases cited1 opinion
- Getchell v. AllenSupreme Court of Iowa · 1872
3Cited by6 opinions
- McClintic-Marshall Co. v. Ford Motor Co.Michigan Supreme Court · 1931
- Dewey Lumber Co. v. McQuirkMontana Supreme Court · 1934
- Tower v. MooreSupreme Court of Iowa · 1898
- Royal Lumber Co. v. HoelznerSupreme Court of Iowa · 1924
- Orear v. Dierks Lumber Co.Missouri Court of Appeals · 1915
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