Brazleton's Adm'r v. Brazleton
Supreme Court of Iowa
Appeal from Henry District Court On the 20th of May, 1857, ¥m. P. Brazleton (the son) made to plaintiff (tbe father) a mortgage on the property known as the “Brazleton House,” in Mount Pleasant, to secure four notes of $2,500 each, payable three months from said date.
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Appeal from Henry District Court On the 20th of May, 1857, ¥m. P. Brazleton (the son) made to plaintiff (tbe father) a mortgage on the property known as the “Brazleton House,” in Mount Pleasant, to secure four notes of $2,500 each, payable three months from said date. This mortgage was filed for record February 3d, 1859. April 10, 1858, W. P. Brazleton made his bond to the defendant, Whiting, conditioned for the payment of $10,000 due, in equal payments, on the 10th of the same month, in the years 1859, 1860 and 1861. On the same day he made a mortgage on the same property, to secure said…
1Opinion of the Court
Weight, Ch. J.
It will be seen that the Whiting mortgage is subsequent in date, but was filed for record before that to appellant. This filing, therefore, gives him the prior lien, unless he had notice of the other mortgage, or unless other equities exist, as maintained by appellant, which should give precedence to the mortgage first in date.
The question of fact, did Whiting have actual notice of the prior mortgage ? we may dispose of in a few words. Counsel have evidently prepared the case with that care due to its importance to their clients. A great mass of testimony has been taken and yet…
2Cited by1 opinion
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