History
  • No items yet
midpage
Paramore v. Nabers
42 Iowa 659
Iowa
1876
Check Treatment
Rothrock, J.

The only question presented is, did the assignment of the note by the payee to the plaintiff operate as an assignment of the lien for the purchase money? It is well settled that if a debt is secured by an express lien, as where there is a mortgage, or where the vendor has not parted with the legal title but holds the same as security for the purchase money, an assignment of the debt entitles the assignee to the benefit of the lien. Hecht v. Spears, 27 Ark., 229, and authorities there cited; Rakestraw v. Hamilton, 14 Iowa, 147. ā€œ As a general proposition, if a debt is secured by an express lien upon property by agreement of the parties, an assignment of the debt secured by such lien will give the assignee the benefit of such lien.ā€ Washburn on Real Prop., vol. 1, p. 540.

Affirmed.

Case Details

Case Name: Paramore v. Nabers
Court Name: Supreme Court of Iowa
Date Published: Apr 5, 1876
Citation: 42 Iowa 659
Court Abbreviation: Iowa
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.