73 Iowa 174 | Iowa | 1887
The defendants Boesch & Son were doing business as merchants in the city of Burlington. They
The important fact is that we cannot find what in law amounts to an acceptance prior to the attachments. There are no preponderating equities in favor of either party. It is a mere question of legal right. The mortgagees contend that, inasmuch as the mortgages have been now accepted, the lien of the mortgages attached from the date of filing, and it is to be considered paramount to all attachments which have been made since filing. But in our opinion the lien of the mortgages cannot be held to have attached until there was a delivery, and that did not take place until there was an acceptance. Day v. Griffith, 15 Iowa, 104; Cobb v. Chase, 54 Id., 253.
We think the decree must be Affirmed.