Legal Opinion

Seeberger v. Campbell

Supreme Court of Iowa

Decided May 13, 1893PublishedCited by 2 opinions

Appeal from Marion District Court. — Hon. A. W. Wilkinson, Judge. Action in equity to determine the validity of two mortgages upon certain real estate. The mortgages are held and owned by the plaintiff, and were executed by the defendants W. B. Campbell and Greeley Campbell, and their wives.

Read the full summary

Appeal from Marion District Court. — Hon. A. W. Wilkinson, Judge. Action in equity to determine the validity of two mortgages upon certain real estate. The mortgages are held and owned by the plaintiff, and were executed by the defendants W. B. Campbell and Greeley Campbell, and their wives. E. Eitz and the State Insurance Company, the other defendants, claim to own judgments against W. B. Campbell and Greeley Campbell which are prior in point of time to the plaintiff’s mortgages; and the question presented by the record is whether the said judgments attached as liens on the property before…

1Opinion of the CourtRothrock, J.

We have had very great difficulty in arriving at a decision in this case. The record is confused, and there was an abstract filed by the appellees which sets forth additional evidence. The correctness of this abstract is denied by the appellant, and we have been compelled to examine the transcript of the evidence. For some reason the appellees have not presented anything in the way of brief or argument. Sometimes it occurs that an omission of this kind can be accounted for on the ground that the decision of the district court is so clearly right that it requires no argument to sustain it. No…

2Cases cited3 opinions

  1. Jones v. BrandtSupreme Court of Iowa · 1882
  2. Crouse v. MorseSupreme Court of Iowa · 1878
  3. Schmidt v. HoltzSupreme Court of Iowa · 1876

3Cited by2 opinions

  1. Copper v. Iowa Trust & Savings BankSupreme Court of Iowa · 1910
  2. Ratliff v. ElwellSupreme Court of Iowa · 1909

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API