Legal Opinion

Chapman v. Coats

Supreme Court of Iowa

Decided December 22, 1868PublishedCited by 10 opinions

Appeal from Lee District Court. Compromise agreement : mistake oe eaot : recording act, etc. — Plaintiff brought this action to foreclose a mortgage made by the defendant Coats, on certain real estate, and the appellant, Seeley, is made a defendant, as claiming some interest therein. The present controversy is between the plaintiff and Seeley. The latter set up that he had a mortgage on the land in controversy older than the plaintiff’s mortgage.

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Appeal from Lee District Court. Compromise agreement : mistake oe eaot : recording act, etc. — Plaintiff brought this action to foreclose a mortgage made by the defendant Coats, on certain real estate, and the appellant, Seeley, is made a defendant, as claiming some interest therein. The present controversy is between the plaintiff and Seeley. The latter set up that he had a mortgage on the land in controversy older than the plaintiff’s mortgage. Appellant admits that there was a defect in the description of the land in this mortgage, but claims that the plaintiff had actual notice of…

1Opinion of the Court

Dillon, Ch. J.

1. Equity: mistake of fact. — The only question which the court can review on this appeal is, whether, on the showing made, the District Court erred in denying; the . , .. _ , J & motion to set aside the compromise agreement *290and decree. If evidence had been taken to establish, that the plaintiff had actual notice of the appellant’s prior defective mortgage on the land, it is not in the record, and'we can form no judgment respecting the merits of the controversy between the parties on this point.

The agreement sought to be set aside was entered into .between the attorneys of the…

2Cases cited3 opinions

  1. Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
  2. Burtis v. Cook & SargentSupreme Court of Iowa · 1864
  3. Parker v. PierceSupreme Court of Iowa · 1864

3Cited by10 opinions

  1. Crislip v. CainWest Virginia Supreme Court · 1882
  2. Fletcher v. KellySupreme Court of Iowa · 1893
  3. Burns v. BurnsSupreme Court of Iowa · 1943
  4. Koch v. WestSupreme Court of Iowa · 1902
  5. Burnett v. PoageSupreme Court of Iowa · 1947

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