Walker v. Abbey
Supreme Court of Iowa
Appeal from Kossuth District Court. — Hon. George H. Carr, Judge. Action in chancery to foreclose a mortgage executed by defendant Abbey and wife. Goldthwaite and Humphrey Anthoney intervene, claiming title to the lands mortgaged superior to plaintiff’s mortgage. A decree was entered declaring plaintiff’s claim fraudulent and void, and that the title of the land is in the intervenors. The plaintiff and defendants appeal.
1Opinion of the CourtBeck, J.
I. The plaintiff seeks in this action to foreclose a mortgage upon a quarter section of land, executed to him by Abbey and wife to secure a promissory note for one hundred and twenty-five dollars and the interest due thereon. Hawkins and Miller are made defendants. The intervenors allege that they are the absolute owners of the land by conveyances under Walden, the patentee ; that Hawkins procured a deed to be made by Walden to Miller by falsely and fraudulently representing to him that Miller was the holder of the title under Walden, and it was necessary to have a conveyance to perfect the…
2Cases cited2 opinions
- Phelps v. FocklerSupreme Court of Iowa · 1883
- Flannigan v. Althouse, Wheeler & Co.Supreme Court of Iowa · 1881
3Cited by2 opinions
- Cambria Savings Bank v. La NierSupreme Court of Iowa · 1907
- Lovell-Scholfield Lumber Co. v. CarterSupreme Court of Iowa · 1924