Albia State Bank v. Smith
Supreme Court of Iowa
Appeal from Monroe District Qourt. — Hon. D. M. Anderson, Judge. Action to mreeiose mortgages as against defendants George S. Smith and Zulah H. Smith, his wife, and to have plaintiff’s lien thereunder declared superior to any claim of defendants, R. P. Smith & Son’s Company and W. T. Gardner, executor. The decree gave the last-named defendants priority as to one mortgage on account of indefiniteness of description therein, and plaintiff appeals.
1Opinion of the Court
McClain, J. —
The two defendants first named in the title of the case executed the mortgages foreclosure of which is asked, and the. other defendants claim liens on the property covered by such mortgages superior to the lien of the plaintiff under one of them, and to avoid circuity in description George S. Smith and his wife will be referred to as mortgagors, and the other two defendants named in the title of the action will be referred to as defendants. In 1903 the defendants recovered several judgments against the mortgagors, and in 1904 instituted their action to have a conveyance of…
2Cases cited22 opinions
- Pursley v. HayesSupreme Court of Iowa · 1867
- Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
- Thomas v. KennedySupreme Court of Iowa · 1868
- Bridgman & Co. v. McKissickSupreme Court of Iowa · 1863
- State v. ShawSupreme Court of Iowa · 1869
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3Cited by4 opinions
- Wilson v. KelsoSupreme Court of Iowa · 1958
- Federal Land Bank v. SherburneSupreme Court of Iowa · 1931
- Hanrahan v. University of Iowa Community Credit Union (In Re Thomas)United States Bankruptcy Court, N.D. Iowa · 2008
- McCarty v. HuntingSupreme Court of Iowa · 1941