Dilenbeck v. Security Savings Bank
Supreme Court of Iowa
Appeal from Sac District Court. — E. G-. Albert, Judge. Action by plaintiff, who claims a landlord’s lien on property, to enjoin the defendant, who holds chattel mortgage thereon, from foreclosing the same.
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Appeal from Sac District Court. — E. G-. Albert, Judge. Action by plaintiff, who claims a landlord’s lien on property, to enjoin the defendant, who holds chattel mortgage thereon, from foreclosing the same. On hearing, the court decreed that the chattel mortgage ivas superior to the landlord’s lien as to all property covered by it and in existence prior to the tenant’s taking possession under the lease, and that the landlord’s lien on all increase of the property described in the mortgage, upon crops growing on the leased premises, and property acquired after the tenant had taken possession,…
1Opinion of the CourtLadd, J.
I. On the 11th day of August, 1911, the plaintiff, Dilenbeck, leased to Charles Morgan three quarter sections of land in Ida and Sac Counties for a term of five years, beginning March 1, 1912, at the cash rental of *309$2,640 per year, one half to be paid October 1st, and the other half February 1st of each year of the term. The lease provides for attorney’s fees, and that, “in addition to the lien given him (Dilenbeck) by law, a lien upon all the personal property owned by said second party (Morgan) during the term of this lease, whether said property is exempt from execution or not, and sell,…
2Cases cited5 opinions
- Tomlinson v. GreenfieldSupreme Court of Arkansas · 1876
- Leslie v. HinsonSupreme Court of Alabama · 1887
- Toledo Savings Bank v. JohnstonSupreme Court of Iowa · 1895
- Broders v. BohannonOregon Supreme Court · 1897
- Page v. LarroweNew York Supreme Court · 1893
3Cited by13 opinions
- Newton v. City of Grundy CenterSupreme Court of Iowa · 1955
- Solberg v. DavenportSupreme Court of Iowa · 1930
- In Re ArnoldUnited States Bankruptcy Court, N.D. Iowa · 1988
- First National Bank of Oelwein v. Holtz (In Re Holtz)United States Bankruptcy Court, N.D. Iowa · 1986
- Louis v. HansenSupreme Court of Iowa · 1928
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