Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 66
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ... deed thereunder did not affect plaintiff 's lien by virtue of his senior mortgage Appeal from Wz'nnes/ziek District Court. MONDAY, J um: 8. ACTION to correct a description in a mortgage, and to foreclose the same. The defendant Spillman was made a party as claiming an interest in or lien upon the laud; but the plaintifi-' avers that whatever interest in or lien upon the land Spillman may have is inferior to the plaintifi"s mortgage, The court sustained the plaintifi"s claim of priority as to forty acres of the land, and denied it as to eighty acres. Both parties appeal; the plaintifl' perfecting his appeal first. O. J. Clark, for plaintiff. L. Bullis and J. B. Kaye, for defendants. ADAMS, J.--I. The court rendered judgment against the defendant Lust for the mortgage debt, and as to that there is, _, m, m, (, _, s: no controversy. In respect to the alleged mis ll '.? .""' of The decree rendered in Spillman's favor as to eighty acres of the mortgaged land, we understand, was rendered upon the theory that Spillman had become the owner of the land by title paramount to the plaintiff 's mortgage. Lust had executed three mortgages upon the eighty; the first to one'Paine, the second to one Taylor, and the third to the defendant Spillman. The plaintifl' became the owner and assignee of the Paine mortgage and the Taylor mortgage. He foreclosed the Paine mortgage, and bid in the property at execution sale. The defendant Spillman foreclosed his mort ge, and bid in the property at execution sale. Witliin a year from the plaintiff 's sale, Spillman deposited with the clerk of the court the amount necessary to redeem from the sale, and the plaintiff drew the money from the clerk's hands....
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