77 Iowa 702 | Iowa | 1889
I. The plaintiff seeks in this action to foreclose a mortgage upon a quarter section of land, executed to him by Abbey and wife to secure a promissory note for one hundred and twenty-five dollars and the interest due thereon. Hawkins and Miller are made defendants. The intervenors allege that they are the absolute owners of the land by conveyances under Walden, the patentee ; that Hawkins procured a deed to be made by Walden to Miller by falsely and fraudulently representing to him that Miller was the holder of the title under Walden, and it was necessary to have a conveyance to perfect the title in him ; that Miller conveyed the land to Abbey, who executed the mortgage in suit, and another mortgage to defendant Hawkins. It is alleged that these conveyances were executed in
III. We need not consider certain objections to evidence tending to show that the acknowledgments of the deeds made by W alden were in accord with the law of Massachusetts, as we find from the evidence that all the parties had actual notice of the conveyance under which the intervenors claim the land.
Y. We need not inquire whether under the curative act of the twentieth general assembly, legalizing conveyances (chapter 203), the registry of the deeds
The foregoing discussion disposes of all questions in the case. We are of the opinion that the decree of the district court ought to be Affirmed.