Kitsmiller v. Kitchen
Supreme Court of Iowa
Appeal from, Union District Court. Petition in equity to foreclose a mortgage against M. A. Kitchen and Martha Kitchen, his wife, as mortgagors, and against Robert R. Stone, as junior mortgagee. There was a judgment of foreclosure as to the mortgagor, but the petition was dismissed as to the defendant Stone. From this latter part of the judgment the plaintiff appeals. The further necessary facts are stated in the opinion.
1Opinion of the CourtCole, J.
The plaintiff’s mortgage was executed and acknowledged in Hocking county, Ohio, April 21, 1859, and was duly indexed and recorded in Union county, Iowa, where the mortgaged lands are situated, on the *16428th day of April, 1859. The defendant Stone’s mortgage was upon the same property, and was executed and acknowledged in the same place, on the 2d day of August, 1859, but the transcript does not disclose the date of its index and record.
In April, 1861, the defendant, Stone, in this action commenced his suit in equity in the District Court of Union county, Iowa, to foreclose his mortgage. He made…
2Cases cited1 opinion
- Worster, Templin & Co. v. OliverSupreme Court of Iowa · 1856
3Cited by20 opinions
- Hoitt v. SkinnerSupreme Court of Iowa · 1896
- Cummings v. LandesSupreme Court of Iowa · 1908
- Krueger v. LynchSupreme Court of Iowa · 1951
- Thornily v. PrenticeSupreme Court of Iowa · 1903
- Lyon v. VanattaSupreme Court of Iowa · 1872
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