Barber v. Lyon
Supreme Court of Iowa
Appeal from, Johnson District Gourt. Bill' to foreclose a mortgage, given by John A. and ¥m. N. Whitlock to complainant, upon certain real estate, of date February 12, 1856. Lyon is a subsequent incumbrancer, by mortgage of June 19th, 1859. The cause was submitted to a referee appointed by the Court, upon the issues made by the bill, answers thereto, cross-bill of Lyon and amended cross-bill, and answers thereto, who reported the following facts: That there was due…
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Appeal from, Johnson District Gourt. Bill' to foreclose a mortgage, given by John A. and ¥m. N. Whitlock to complainant, upon certain real estate, of date February 12, 1856. Lyon is a subsequent incumbrancer, by mortgage of June 19th, 1859. The cause was submitted to a referee appointed by the Court, upon the issues made by the bill, answers thereto, cross-bill of Lyon and amended cross-bill, and answers thereto, who reported the following facts: That there was due complainant on his mortgage, $3,609.58; that on the 26th of April, 1855, complainant and the Whitlocks purchased of one Stover…
1Opinion of the CourtWright, J.
Appellant does not claim that his mortgage of June, 1857, is entitled to precedence over complainant’s, which is of date February 12th, 1856. The substance of his position is, that he was induced to part with his money by the fraudulent representations of Whit-lock, that it would be applied in satisfaction of the only record lien upon the land, to wit: the mortgage to Barber, that it was not thus applied, but that it was paid to Evans to satisfy a mortgage executed by complainant, as well as the Whitlocks, which mortgage was given to secure their joint and several debt, and that appellant…
2Cases cited1 opinion
- Carey v. Cincinnati & Chicago RailroadSupreme Court of Iowa · 1857
3Cited by3 opinions
- National Life Insurance v. AyresSupreme Court of Iowa · 1900
- Hitchins v. PettingillSupreme Court of New Hampshire · 1878
- Davidson v. FollettSupreme Court of Iowa · 1869