Gilman v. Dingeman
Supreme Court of Iowa
Appeal from Sioux District Court. This is an action to foreclose a mortgage upon certain real estate. The petition made certain judgment lien-holders parties defendant, averring that said liens were junior and inferior to plaintiff’s mortgage. The mortgagor made no defense. The owners of the judgments answered, averring that the judgment liens were prior and superior to the lien created by the mortgage.
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Appeal from Sioux District Court. This is an action to foreclose a mortgage upon certain real estate. The petition made certain judgment lien-holders parties defendant, averring that said liens were junior and inferior to plaintiff’s mortgage. The mortgagor made no defense. The owners of the judgments answered, averring that the judgment liens were prior and superior to the lien created by the mortgage. The cause was submitted to the court below upon the following agreed facts: "1. That the defendants Thomas Barrows & Co. and John Dodds & Co. are copartnerships doing business under said firm…
1Opinion of the Court
Rothrock, Ch. J.
1. vendor's lien; priority of lieas: mortgage. It appears from the agreed facts that both of the defendants’ judgments were rendered before Dingeman purchased the land. . The land was purchased on the 27th day of November, 1875, and the deed was placed on record two days afterward. There was no mortgage made at the time the deed was executed and delivered. The deed was made and delivered to Dingeman, and placed on record by him, or by some one for him. Prom the date of this conveyance the judgments of the defendants became a lien upon the land. Whether such lions are prior and…
2Cases cited4 opinions
- Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
- Downer v. MillerWisconsin Supreme Court · 1862
- Allen v. LoringSupreme Court of Iowa · 1872
- Parsons v. HoytSupreme Court of Iowa · 1867
3Cited by2 opinions
- Ely Savings Bank v. GrahamSupreme Court of Iowa · 1926
- Cutler v. AmmonSupreme Court of Iowa · 1884