59 Iowa 371 | Iowa | 1882
The pleadings are quite lengthy but the facts upon which the case must be determined may be briefly stated.
In 1855, W. W. Welllngham was the owner of the mortgaged premises and in that year, as is claimed, he conveyed the same to Hugh D. Downey. This deed was not filed for record until 1878. 'In 1855, Downey conveyed to W. E. Spencer, such conveyance having been filed for record in 1856. In 1877, Spencer was adjudged a bankrupt and the intervenor, Pierce, appointed “provisional assignee of the estate and effects of said Spencer, with full power and authority to take possession of, manage and control the same.”
The defendant, Morrison, paid the taxes on the real estate for the year 1876, and with this exception Spencer paid the taxes from the time Downey conveyed to him until 1878, when the taxes were paid by the plaintiff. -In 1876, Wellingham conveyed the premises by quitclaim deed to the defendant, Olark Varnum, and he within ten days thereafter conveyed by warranty deed to one Hastings, and the latter to the defendant, Morrison, by whom the mortgage sought to be foreclosed was executed. The mortgage and conveyances last named were all filed for record in June, 1876. At the time Wellingham conveyed to Varnum there was no one in possession claiming title. Hastings sold and assigned the
Modified and Affirmed.