Sims v. Hammond
Supreme Court of Iowa
Appeal from, Marshall Circuit Court. Foreclosure oe Mort&age. Defendant Teager pleads that he is the assignee of a mortgage made by his co-defendant Hammond, which he alleges to be prior and superior to plaintiff’s mortgage, and asks a foreclosure, etc. The cause was tried by the court, who made the following finding: 1st. It is found by the court as a fact that, on the 20th day of October, 1869, the defendant Geo.
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Appeal from, Marshall Circuit Court. Foreclosure oe Mort&age. Defendant Teager pleads that he is the assignee of a mortgage made by his co-defendant Hammond, which he alleges to be prior and superior to plaintiff’s mortgage, and asks a foreclosure, etc. The cause was tried by the court, who made the following finding: 1st. It is found by the court as a fact that, on the 20th day of October, 1869, the defendant Geo. L. Teager filed his petition in the circuit court of the State of Iowa, held in and for Marshall county, Iowa, making defendants O. B. Hammond and Amos H. Beynolds, parties…
1Opinion of the CourtMiller, J.
I. The decree in this case must be reversed. Teager’s mortgage, under the facts found, is entitled to priority. While it is found that plaintiff’s mortgage was first recorded, it is also found that his assignor ■ — ■ the mortgagee under whom he claims — had actual notice of the defendant’s mortgage. Plaintiff’s mortgage being first recorded would have priority unless his assignor at the time he took his mortgage had actual notice of appellant’s mortgage. English v. Waples, 13 Iowa, 57. The court distinctly finds that he had such notice.
It is argued, however, by appellee that appellant’s…
2Cases cited3 opinions
- Packard v. KingmanSupreme Court of Iowa · 1860
- English v. WaplesSupreme Court of Iowa · 1862
- Burdett v. ClayCourt of Appeals of Kentucky · 1847
3Cited by12 opinions
- State v. ThompsonMontana Supreme Court · 1891
- Port v. RobbinsSupreme Court of Iowa · 1872
- Farmers' National Bank v. FletcherSupreme Court of Iowa · 1876
- Summer Thomas v. LawlerSupreme Court of Iowa · 1928
- Congregational Church Building Society v. Scandinavian Free ChurchWashington Supreme Court · 1901
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