History
  • No items yet
midpage
Preston v. Caul
109 Iowa 443
Iowa
1899
Check Treatment
WatebmaN, J.

Plaintiff’s mortgage was first made- and recorded, and the sol© question we have to determine is, was the description given therein of the property sufficient to afford constructive notice to subsequent lien-holders ?' The mortgage purports to be made by James Caul, “in the-county of Mahaska and the state of Iowa.” The property is thus described: “One sorrel colt, coming two years old,, a standard stallion bred colt called ‘Seattle.’ ” Continuing,, the instrument recites: “It is provided that said James-Caul gives this mortgage on said stallion colt for one-half' interest in said stallion colt.” It is a further condition of said instrument that Caul shall not remove the property “from said county of Mahaska.” It appears clear from this mortgage that Caul owned an interest, at least, in this-horse; that he had the property in Mahaska county; and the-color, age, and name of said animal are given. This is a sufficient description to impart constructive notice to those-subsequently dealing with the property. — Shellhammer v. Jones, 87 Iowa, 520; Brock v. Barr, 70 Iowa, 400.- — Affirmed.

Case Details

Case Name: Preston v. Caul
Court Name: Supreme Court of Iowa
Date Published: Oct 20, 1899
Citation: 109 Iowa 443
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.