Todd, Pollock & Granger v. Johnson
Supreme Court of Iowa
Appeal from, Page Circuit Court. It is averred in the petition that on the 16th day of November, 1875, the defendants, being indebted to the plaintiff in the sum of six hundred and forty-eight dollars and thirty-three cents, to secure the payment of said sum, conveyed to plaintiff, by their mortgage deed, certain real estate; that said mortgage contained the following covenants of warranty: “To have and to hold the premises above described, with all the appurtenances thereto…
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Appeal from, Page Circuit Court. It is averred in the petition that on the 16th day of November, 1875, the defendants, being indebted to the plaintiff in the sum of six hundred and forty-eight dollars and thirty-three cents, to secure the payment of said sum, conveyed to plaintiff, by their mortgage deed, certain real estate; that said mortgage contained the following covenants of warranty: “To have and to hold the premises above described, with all the appurtenances thereto belonging, unto the said second parties (these plaintiffs), their heirs and assigns forever — the said parties of the…
1Opinion of the CourtRothrock, J.
1. moutgacte : warranty: sat-judgment. — The mortgage was given to secure the payment of a note executed by both of the defendants. There was a prior lien of two hundred and fifty dollars on the premises, which the plaintiffs discharged, Whether this payment was made before or after the purchase at the foreclosure sale does not appear from the record. Presumably it was made after the sale. If made before the plaintiffs would probably have included that lien in the suit for foreclosure.. This, however, as we view the rights of the parties, is not a material consideration, as will presently be…
2Cited by8 opinions
- Conrad Bros. v. John Deere Insurance Co.Supreme Court of Iowa · 2001
- Lagger v. Mutual Union Loan & Building Ass'nIllinois Supreme Court · 1893
- Security Bank v. HolmesSupreme Court of Minnesota · 1896
- Kooda Bros. Construction, Inc. v. United Federal Savings & Loan Ass'n of AlexandriaCourt of Appeals of Minnesota · 1987
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
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