Severin v. Cole
Supreme Court of Iowa
Afjpeal from, Blackhawle District Court. Action to foreclose a mortgage' on lot 8, in block 7 of D. & G.’s addition to Cedar Falls, given to secure $879.81, made by the defendant, Sarah Cole, to John Zack, February 15, 1870, and recorded February 22, 1870. November 29, 1870, Zack sold and assigned the note -and mortgage to L. H. Severin.
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Afjpeal from, Blackhawle District Court. Action to foreclose a mortgage' on lot 8, in block 7 of D. & G.’s addition to Cedar Falls, given to secure $879.81, made by the defendant, Sarah Cole, to John Zack, February 15, 1870, and recorded February 22, 1870. November 29, 1870, Zack sold and assigned the note -and mortgage to L. H. Severin. February 1, 1871, L. H. Severin sold and assigned the note and mortgage to plaintiff, who commenced this action May 11, 1871. The B., C. E. & M. E. Co. was made defendant, as claiming some interest in the lot, which is averred to be junior, and subject to…
1Opinion of the CourtCole, J.
*464i ad qíiod Sghteofmoi-tgage under. *463— I. The single question presented by this record is, whether a railroad company, by an ad quod damrmm *464proceeding upon notice to a mortgagor alone in possession, the mortgage being upon record, and by tbe paymerLt to ^ie sheriff of the damages assessed, acquires a ^tle to the right of way, free from or paramount to the mortgage. We have no hesitation in answering this question in the negative; and this answer accords with the views of the District Court in sustaining the demurrer.
Our statute (Rev. of 1860, §§ 1314 to 1331) provides that if “ the owners of…
2Cases cited2 opinions
- Monroe v. WestSupreme Court of Iowa · 1861
- White v. RittenmyerSupreme Court of Iowa · 1870
3Cited by22 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Sherwood v. City of LafayetteIndiana Supreme Court · 1887
- Morey v. City of DuluthSupreme Court of Minnesota · 1899
- Chiesa & Co. v. City of Des MoinesSupreme Court of Iowa · 1912
- Goodrich v. Board of CommissionersSupreme Court of Kansas · 1891
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