Cutler v. Ammon
Supreme Court of Iowa
Appeal from Winneshielc Circuit Court. Action in equity to enforce a vendor’s lien. The defendants, John Ammon and George. W. Scott, are the owners of certain real estate in Decorah, "Winneshiek county, on which the plaintiff holds a vendor’s lien for an unpaid balance of purchase money.
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Appeal from Winneshielc Circuit Court. Action in equity to enforce a vendor’s lien. The defendants, John Ammon and George. W. Scott, are the owners of certain real estate in Decorah, "Winneshiek county, on which the plaintiff holds a vendor’s lien for an unpaid balance of purchase money. Since the sale and conveyance, the defendant, Scott, executed upon his undivided half a mortgage to certain creditors, other than the plaintiff, and the defendant, Ammon, confessed judgment in the district court of Winneshiek county in favor of certain other creditors, made defendants hereto, who, it appears,…
1Opinion of the CourtAdams, J.
I. The question as to whether a judgment lien takes precedence of a vendor’s lien, where the judgment creditors have taken judgment in ignorance of the vendor’s lien, appears to be an open one in this state. It was held in Allen v. Loring, 34 Iowa, 499, that the lien of an attachment takes precedence of a vendor’s lien, where the attaching creditor acquired his lien without notice of the vendor’s lien; and in Gilman v. Dingeman, 49 Iowa, 311, there is an intimation that the same rule would apply in favor of the holder of a judgment lien. In Porter v. City of Dubuque, 20 Iowa, 442, it was…
2Cases cited3 opinions
- Allen v. LoringSupreme Court of Iowa · 1872
- Clarke v. Bancroft, Beaver & Co.Supreme Court of Iowa · 1862
- Gilman v. DingemanSupreme Court of Iowa · 1878
3Cited by5 opinions
- Fisher v. ShropshireSupreme Court of the United States · 1893
- Hood v. HogueTennessee Supreme Court · 1914
- Devin v. EaglesonSupreme Court of Iowa · 1890
- Hodgson v. Smith Bros.Supreme Court of Iowa · 1907
- Spindler v. Iowa & O. S. L. R. Co.Supreme Court of Iowa · 1915