Young v. Shaner
Supreme Court of Iowa
Appeal from Wright District Court. This is an action in equity, and the question involved is whether a certain real estate mortgage held by the plaintiff is a superior lien to a judgment lien held by Witwer Bros., defendants. There was a demurrer to the petition, which was sustained, and defendants, Witwer Bros., appeal.
1Opinion of the CourtRothrock, J.
The facts of the case as shown by the averments of the petition are as follows: On the 22d day of January, 1884, John H. Shaner and Sarah B. Shaner were the owners in common of 160 acres of land. On that day they borrowed $400 of the plaintiff, for which they executed to him their promissory note, and a mortgage upon said land to secure the payment of the loan. On the 29th day of September, 1886, Witwer Bros, recovered a judgment against John H. Shaner in the district court of Wright county. The land *556being situated in that county, said judgment became a lien on the interest of John IT. Shaner…
2Cases cited3 opinions
- Bruse v. NelsonSupreme Court of Iowa · 1872
- Henson v. BridgemansTennessee Supreme Court · 1850
- Mather v. JenswoldSupreme Court of Iowa · 1887
3Cited by21 opinions
- Tolman v. SmithCalifornia Supreme Court · 1890
- Fed. Land Bk. of Columbia v. GodwinSupreme Court of Florida · 1931
- Institute Building & Loan Ass'n v. EdwardsNew Jersey Court of Chancery · 1913
- Lomas & Nettleton Co. v. IsacsSupreme Court of Connecticut · 1924
- White v. StevensonCalifornia Supreme Court · 1904
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