Blackman v. Henderson
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | SHERWIN |
| Citation | 116 Iowa 578,87 N.W. 655 |
| Parties | BLACKMAN v. HENDERSON ET AL. |
| Decision Date | 15 October 1901 |
BLACKMAN
v.
HENDERSON ET AL.
Supreme Court of Iowa.
Oct. 15, 1901.
Appeal from district court, Kossuth county; F. H. Helsell, Judge.
Action to foreclose a mortgage upon real estate. Judgment for the defendants. The plaintiff appeals.
[87 N.W. 656]
Soper, Allen & Alexander, for appellant.
Clarke & Cohenour, for appellees
SHERWIN, J.
The plaintiff brings the action to foreclose a mortgage which purports to have been made by James Henderson and Lucy Henderson, his wife, on the 26th day of June, 1889. The following facts are established by the record: At the time of the transaction hereinafter noticed the plaintiff was a resident of Chicago, Ill., and one C. L. Lund was a resident of Algona, Iowa. Before the execution of the mortgage, Lund went to the plaintiff, in Chicago, and negotiated a loan of $1,500 on the land covered by the mortgage. At this time the record title of the land stood in Lund. The plaintiff made the loan, and received the bond of $1,500 therefor, signed “James Henderson,” and a mortgage securing the same, signed “James Henderson” and “Lucy Henderson.” On the 25th of June, Lund and his wife executed a deed of the land to James Henderson, which was recorded July 26, 1889. On the 15th day of July, 1889, a deed of the same land was made by James Henderson to C. L. Lund, and this was recorded on the 30th day of December, 1889. Lund afterwards conveyed the land to the defendants' grantor. We are clearly of the opinion that James Henderson is a fictitious person; that Lund never conveyed the land to any such person; that no such person ever executed the plaintiff's bond and mortgage, or reconveyed the land to Lund; and that Lund made the mortgage in question in the name of James Henderson. Such being our conclusion of fact, what legal effect follows therefrom? Clearly this: Lund held the title to the land when the mortgage purporting to have been executed by James and Lucy Henderson was made, and that it was in law his mortgage, and, as between him and the plaintiff, was a valid instrument, and created a valid lien upon the property which it covered. 1 Jones, Real Prop. § 218; 1 Devl. Deeds, § 188; Wilson v. White, 84 Cal. 239, 24 Pac. 114;David v. Insurance Co., 83 N. Y. 266, 38 Am. Rep. 418. See, also, Bank v. Fletcher, 44 Iowa, 252. The mortgage, however, purported to be acknowledged before C. L. Lund, who was, as we have said, the mortgagor therein. It is the general rule that neither a grantor nor a grantee in...
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Baron v. Crossroads Center of Iowa, Inc., No. 53183
...These cases deal with chattel mortgages but the same rule has been applied to transactions involving real estate. Blackman v. Henderson, 116 Iowa 578, 87 N.W. 655; Johnson v. Chicago, B. & Q.R. Co., 202 Iowa 1282, 211 N.W. 842. We find nothing in the record indicating Singer claimed at ......
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Murphy v. Butler County, No. 38916.
...thereto, and it, therefore, conveyed no title to the land in suit. 1 Am. Jur., pp. 334, 335, secs. 52, 53; Blackman v. Henderson, 87 N.W. 655. (6) The foreclosure sale under the school fund mortgage was never made final by the confirmation of the sale by the county court. 31 Am. Jur., p. 45......
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State Sav. Bank v. Universal Credit Co., No. 46139.
...unless the equities of such third parties are superior. Farmers National Bank of Salem v. Fletcher, 44 Iowa 252;Blackman v. Henderson, 116 Iowa 578, 87 N.W. 655,56 L.R.A. 902. Upon like principle we conclude that an assignee who takes a conditional sale contract, regular upon its face, in g......
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Young v. Hamilton, No. 40680.
...that he was a purchaser for value and did not have actual notice of the terms of the instrument. In Blackman v. Henderson, 116 Iowa, 578, 87 N. W. 655, 656, 56 L. R. A. 902, it was held that a mortgage which was not entitled to record because of defective acknowledgment was good as against ......
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Baron v. Crossroads Center of Iowa, Inc., No. 53183
...These cases deal with chattel mortgages but the same rule has been applied to transactions involving real estate. Blackman v. Henderson, 116 Iowa 578, 87 N.W. 655; Johnson v. Chicago, B. & Q.R. Co., 202 Iowa 1282, 211 N.W. 842. We find nothing in the record indicating Singer claimed at tria......
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Murphy v. Butler County, No. 38916.
...thereto, and it, therefore, conveyed no title to the land in suit. 1 Am. Jur., pp. 334, 335, secs. 52, 53; Blackman v. Henderson, 87 N.W. 655. (6) The foreclosure sale under the school fund mortgage was never made final by the confirmation of the sale by the county court. 31 Am. Jur., p. 45......
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State Sav. Bank v. Universal Credit Co., No. 46139.
...unless the equities of such third parties are superior. Farmers National Bank of Salem v. Fletcher, 44 Iowa 252;Blackman v. Henderson, 116 Iowa 578, 87 N.W. 655,56 L.R.A. 902. Upon like principle we conclude that an assignee who takes a conditional sale contract, regular upon its face, in g......
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Young v. Hamilton, No. 40680.
...that he was a purchaser for value and did not have actual notice of the terms of the instrument. In Blackman v. Henderson, 116 Iowa, 578, 87 N. W. 655, 656, 56 L. R. A. 902, it was held that a mortgage which was not entitled to record because of defective acknowledgment was good as against ......