Magirl v. Magirl
Supreme Court of Iowa
Appeal from Delaware District Court. — Hon. D. J. Lenehan, Judge. Action in equity to enjoin the defendant sheriff from selling certain mortgaged personal property, and asking for the foreclosure of a real estate mortgage, also of a chattel mortgage. . There was. a demurrer to the petition, which was overruled, and the defendant sheriff appeals.
1Opinion of the CourtKinne, J.
The defendant, Dennis E. Magirl, on November 3, 1890, executed to the plaintiff his certain mortgage upon real estate therein described. Said mortgage was filed for record on the same day. On the same day the defendant executed and filed for record a chattel mortgage on certain property to plaintiff. Each mortgage expressed a consideration of one dollar. The chattel mortgage contained the following-provision: “To be void on condition that the said Dennis E. Magirl shall pay or cause to be paid all debts and liabilities that have been secured for him by said second party (plaintiff), and save…
2Cases cited4 opinions
- Michigan Insurance v. BrownMichigan Supreme Court · 1863
- Carter v. ReweyWisconsin Supreme Court · 1885
- Fetes v. O'LaughlinSupreme Court of Iowa · 1883
- Briggs v. MetteMichigan Supreme Court · 1879
3Cited by7 opinions
- Dorman v. Crooks State BankSouth Dakota Supreme Court · 1929
- First National Bank of Corning v. ReidSupreme Court of Iowa · 1904
- Lowden Savings Bank v. ZellerSupreme Court of Iowa · 1923
- Westgrove Savings Bank v. Osa DunlavySupreme Court of Iowa · 1921
- General Mills, Inc. v. CragunUtah Supreme Court · 1943
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