McGavran v. Haupt
Supreme Court of Iowa
Appeal from Scott District Court. On tbe 2nd of November, 1857, Henry Haupt sued out of tbe District Court of Scott county, an attachment against tbe property of George Beatty, by virtue of which the property in controversy was levied upon. The plaintiff McGav-ran filed his petition claiming the property’levied upon, under a mortgage executed by Beatty to him, on the 25th of March preceding, of which the defendant Haupt had notice at that time.
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Appeal from Scott District Court. On tbe 2nd of November, 1857, Henry Haupt sued out of tbe District Court of Scott county, an attachment against tbe property of George Beatty, by virtue of which the property in controversy was levied upon. The plaintiff McGav-ran filed his petition claiming the property’levied upon, under a mortgage executed by Beatty to him, on the 25th of March preceding, of which the defendant Haupt had notice at that time. The two actions were by agreement consolidated, and on the trial the court refused instructions asked by the plaintiff, and gave others, to which…
1Opinion of the CourtStockton, J.
The plaintiff asked the court to, instruct the jury, that if the defendant had actual notice of the mortgage from Beatty to the plaintiff, at the time the same was given, he is not to be considered an “ existing creditor ” of Beatty, by reason of any debt to Mm from Beatty, created subsequent to such notice; and that the phrase “ existing creditor,” means a creditor who had a claim at the time of receiving actual notice; and one who becomes a creditor after receiving notice of a mortgage, is not to be preferred to the bona jide mortgagee, whose mortgage is not recorded. The court refused so…
2Cited by9 opinions
- Allen v. McCallaSupreme Court of Iowa · 1868
- Hughes v. CorySupreme Court of Iowa · 1866
- W. W. Kimball Co. v. KirbySouth Dakota Supreme Court · 1893
- Bacon & Co. v. ThompsonSupreme Court of Iowa · 1882
- Adler v. ClaflinSupreme Court of Iowa · 1864
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