Spindler v. Iowa & O. S. L. R. Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — O. D. Wi-ieeler, x Judge. In an action to foreclose a trust deed on the property of the defendant railway company, Ií. F. Saar intervened, claiming to hold a vendor’s lien upon a strip of ground across his land, which he had deeded to the railway for its right of way.
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Appeal from Pottawattamie District Court. — O. D. Wi-ieeler, x Judge. In an action to foreclose a trust deed on the property of the defendant railway company, Ií. F. Saar intervened, claiming to hold a vendor’s lien upon a strip of ground across his land, which he had deeded to the railway for its right of way. His right to such a lien was denied by plaintiff trustees, and they further pleaded a waiver of the lien and estoppel to assert the same, and further pleaded that intervener had no cause of action, for the reason that he had made no demand upon the company for the issuance of stock.…
1Opinion of the CourtDeemer, C. J.
In the year 1909, the defendant railway company executed a trust deed to the plaintiffs as trustees, covering all its property and all that it might thereafter acquire, to secure the sum of $150,000 in bonds issued by said company. These bonds were all sold, intervener himself having purchased some of them. These bonds, or some of them, having matured, plaintiffs commenced their action to foreclose the trust deed, making the company and certain lien holders parties defendant. H. F. Saar intervened in the suit, claiming that he held a vendor’s lien upon certain of the right of way of the…
2Cases cited14 opinions
- Fisher v. ShropshireSupreme Court of the United States · 1893
- Irvin v. GarnerTexas Supreme Court · 1878
- Chrisman v. HayU.S. Circuit Court for the Southern District of Iowa · 1890
- Prouty v. ClarkSupreme Court of Iowa · 1887
- In re V. & M. Lumber Co.District Court, N.D. Alabama · 1910
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3Cited by1 opinion
- Pray v. DonaldSupreme Court of Iowa · 1923