Legal Opinion

Johnson v. Walter

Supreme Court of Iowa

Decided December 14, 1882PublishedCited by 12 opinions

Appeal from Jones Circuit Court. This is an action in equity for tbe foreclosure of a mortgage. The petition was dismissed. The plaintiff appeals. The facts are stated in the opinion.

1Opinion of the Court

Day, J.-

The material facts in this case stated, as nearly as .practicable, chronologically, are as follows:

1. On the 10th day of June, 1873, Lewis O. Walter and wife executed to the .¿Etna Life Insurance Company a mortgage upon the W -J of SW \ of section 23, and the W -J of *316the NW J of section 26, and the NE ^ of the NE of sec-27, all in township 83, range 3, west) to secure a promissory note for $1,600, due January-1,1879; this mortgage is senior of record to the claims of all the defendants and intervenors.

2. On the 19th day of January, 1875, said Walter and wife conveyed by warranty deed…

2Cases cited2 opinions

  1. Younker ex rel. Ralston v. MartinSupreme Court of Iowa · 1864
  2. Gerald v. ElleySupreme Court of Iowa · 1876

3Cited by12 opinions

  1. Smith v. CooleyCourt of Appeals of Texas · 1914
  2. Bruns v. SchreiberSupreme Court of Minnesota · 1890
  3. Moore v. OliveSupreme Court of Iowa · 1901
  4. Jager v. VollingerMassachusetts Supreme Judicial Court · 1899
  5. Gerardi v. ChristieMissouri Court of Appeals · 1910

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