Schupanitz v. Farwick
Supreme Court of Iowa
Appeal from Winneshiek District Court. — Hon. L. E. Fellows, Judge. Action in equity for the foreclosure of a mortgage made by the defendant Farwick to plaintiff, and for subrogation to the rights acquired by defendant Wenthold,Bruening, and Hemmer under certain other mortgages also made by the said Farwick. The cause was tried below upon an agreed statement of facts, and a decree entered dismissing the petition. Plaintiff appeals.
1Opinion of the CourtWeaver, J.
The record in .this case is somewhat complicated, but the material facts, may be stated as follows: In January, 1896, Farwick executed a mortgage for $2,500 to F. Schack upon three several tracts of land. In April of the same year he executed a second mortgage upon all three tracts for $1,274 to defendant Wenthold. In June following he executed a third mortgage to plaintiff for $815 "upon two of the tracts above mentioned, omitting one parcel of 15 acres. In September Farwick executed a fourth mortgage for $840 upon all three tracts to the defendant Mary *453Iiemmer. About this time he seems-to…
2Cases cited2 opinions
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Wolf v. SmithSupreme Court of Iowa · 1873
3Cited by1 opinion
- Boos v. Mutual Life InsuranceSupreme Court of Iowa · 1927