Queal Lumber Co. v. McNeal

On April 8, 1936, appellee, Susan N. Hedinger, the owner of part of a vacant lot in Virginia Heights, Des Moines, Polk county, Iowa, entered into a written contract to sell the same to appellee, E. G. McNeal. The contract provides that the purchase price of $600 is to be secured by a junior mortgage and that “Buyer is permitted to mortgage * * * Ya. Hts. in a 1st mtg. for $3,000.”

On July 2, 1936, between 3 :40 and 3:53 p. m., the following instruments conveying said property were placed of record in Polk county: (1) Deed from S. N. Hedinger to May McNeal (wife of E. G. McNeal) made pursuant…