Ætna Line Insurance v. Hesser
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. J. L. Stevens, Judge. Action in chancery to foreclose a mortgage. By the decree in this case, the title of the land was declared to be in one of the defendants, under a purchase at a sale on a judgment which was held to be a lien upon the land prior to plaintiff ’ s mortgage, and that the defendant held the land free from the lien of plaintiff’s mortgage. The plaintiff appeals. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
I. The facts upon which the decisive questions in this case arise are these: The mortgage which plaintiff seeks to foreclose was executed by J. H. Hesser, and conveys certain lands in Webster county. Before the execution of the mortgage a judgment had been rendered against Hesser, and in favor of one Coost, and another by a justice of the peace of Louisa county, a transcript of which had been filed in the office of the clerk of the district court of Webster county, before plaintiff’s mortgage was executed and íi\eáíAaI Tpcord. Plaintiff insists that its mortgage" is the parai)aoim'fc lien,…
2Cases cited4 opinions
- Thomas v. DesneySupreme Court of Iowa · 1881
- Cummings v. LongSupreme Court of Iowa · 1864
- Howe v. ThayerSupreme Court of Iowa · 1878
- Sterling Manuf'g Co. v. EarlySupreme Court of Iowa · 1886
3Cited by13 opinions
- Callanan v. VotrubaSupreme Court of Iowa · 1898
- Loser v. Plainfield Savings BankSupreme Court of Iowa · 1910
- Jones v. DavisCourt of Appeals of Kentucky (pre-1976) · 1932
- In Re LabbDistrict Court, W.D. New York · 1941
- State Savings Bank v. ShinnSupreme Court of Iowa · 1906
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