Vandercook v. Baker
Supreme Court of Iowa
Appeal from O’Brieii Circuit Cowrt. Action in chancery to foreclose a mortgage upon real estate by a transferee thereof. The petition shows that by an instrument duly recorded, it is claimed the mortgage was satisfied and the lien thereof discharged, but alleges that it has no such.effect, for the reason that the plaintiff acquired the' mortgage by a transfer from the mortgagee before the attempt to discharge the lien of the mortgage.
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Appeal from O’Brieii Circuit Cowrt. Action in chancery to foreclose a mortgage upon real estate by a transferee thereof. The petition shows that by an instrument duly recorded, it is claimed the mortgage was satisfied and the lien thereof discharged, but alleges that it has no such.effect, for the reason that the plaintiff acquired the' mortgage by a transfer from the mortgagee before the attempt to discharge the lien of the mortgage. Frederick Wells is made a defendant, and it is alleged that he holds a mortgage which is a lien inferior to plaintiff’s mortgage. Wells, by a cross-petition,…
1Opinion of the CourtBeck, J.
I. The contest in this case is between two mortgagees, to determine which one of them holds the paramount lien, and is to be settled mainly upon the testimony relating to one or two points of the case. The questions of law involved in the case, we think, will present no great difficulty in their solution.
Baker and wife executed to Inman a mortgage to secure certain promissory notes. The records of the county show that the mortgage was fifed on the 8d day of November, 1874. On the 17th of the same month Inman gave the notes to plaintiff as collateral security upon an indebtedness held by…
2Cases cited1 opinion
- Crosby v. TannerSupreme Court of Iowa · 1874
3Cited by8 opinions
- Lewis v. KirkSupreme Court of Kansas · 1882
- Jenks v. ShawSupreme Court of Iowa · 1896
- Robertson v. U. S. Live Stock Co.Supreme Court of Iowa · 1914
- Parmenter v. OakleySupreme Court of Iowa · 1886
- Miller & Chaney Bank of Newell v. CollisSupreme Court of Iowa · 1931
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