Chase v. Parker
Supreme Court of Iowa
Appeal from Clinton District Court. In January, 1854, James Y. Parker and wife made a trust deed to Jacoby, to secure $400 due in four years. In May, 1857, they made another trust deed, covering tbe same premises, to one Williams, to secure about $350 to Harmon S. Wilcox, due in eighteen months. On the 10th of January, 1859, Chase recovered, in the District Court of Clinton County, three several judgments against the said J. Y. Parker and wife.
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Appeal from Clinton District Court. In January, 1854, James Y. Parker and wife made a trust deed to Jacoby, to secure $400 due in four years. In May, 1857, they made another trust deed, covering tbe same premises, to one Williams, to secure about $350 to Harmon S. Wilcox, due in eighteen months. On the 10th of January, 1859, Chase recovered, in the District Court of Clinton County, three several judgments against the said J. Y. Parker and wife. October 17,1859, J. Y. P. sold, by quit-claim, the land thus incumbered, to L. A. Parker, who at once entered into possession of the same. The note…
1Opinion of the CourtWright, J.
No point is made as to tbe method of raising tbe questions here involved. Under tbe demurrer, tbe court below held, that Chase was not entitled to tbe money in tbe bands of tbe trustee (Fletcher), but that tbe claim of Parker (tbe vendee and purchaser under tbe second trust deed) was superior. And this ruling, we think, was correct
It will be observed that tbe appellee does not rest her claim alone upon her purchase from J. V. Parker. If she did, then, as tbe judgment of appellant was a lien upon tbe premises covered by tbe trust deeds, prior to her purchase, it would, in equity, attach to tbe…
2Cited by2 opinions
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- Lowe v. GrinnanSupreme Court of Iowa · 1865