Edwards v. Davenport
U.S. Circuit Court for the Southern District of Iowa
In Equity. George L. Davenport and wife and George A. Davenport, their son, executed a mortgage to secure the payment of certain bonds on real estate in the city of Davonport, the debt to bo apportioned upon the different pieces mortgaged.
Read the full summary
In Equity. George L. Davenport and wife and George A. Davenport, their son, executed a mortgage to secure the payment of certain bonds on real estate in the city of Davonport, the debt to bo apportioned upon the different pieces mortgaged. Jonathan Edwards, to whom the mortgage had been executed as trustee for the Equitable Trust Company of New London, Connecticut, from whom the money was borrowed, sought to foreclose the mortgage, and defendants claimed that the mortgage was void as to the property of George A. Davenport because he was non compos mentis at the time of the execution of the…
1Opinion of the CourtMoChaby, J.
Upon the death of George A. Davenport, the title to his real estate included in the mortgage passed 'to his father and mother, George L. Davenport and Sarah G. Davenport, to each an undivided one-half; and as they both joined in the mortgage and in the eonvenants of general warranty therein, we are to determine, in the first place, how far either or both are estopped .to sot up the incapacity'of George A. to make the contract sued on.
The title acquired by the respondent George L. Davenport through the death of his son, George A. Davenport, undoubtedly inures to the benefit of the mortgagee by…
2Cases cited14 opinions
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Dexter v. HallSupreme Court of the United States · 1873
- Jackson Ex Dem. St. John v. ChewSupreme Court of the United States · 1827
- Stewart's v. LispenardNew York Supreme Court · 1841
- Behrens v. McKenzieSupreme Court of Iowa · 1867
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Burgoon v. LavezzoCourt of Appeals for the D.C. Circuit · 1937
- Jewell v. Davies, U.S. District JudgeCourt of Appeals for the Sixth Circuit · 1951
- Christian Ex Rel. Von Holt v. Waialua Agricultural Co.Hawaii Supreme Court · 1931
- Fullerton v. BaileyUtah Supreme Court · 1898
- Barnes v. CadyCourt of Appeals for the Sixth Circuit · 1916
12 more not listed; retrieve them via the Exa API.