Wright v. Howell
Supreme Court of Iowa
Appeal from, Polk Pisirriot Oowrt. Plaintiff recovered judgment by confession, in tbe Polk district court, against William F. Ayers, October 15,1858. On the 7th day of March, 1859, David M. Ayers purchased of Ira Cook the N. of lot 10, block 35, of the original town of Fort Des Moines, for the consideration of $800, a little more than one-half of which he then paid in property.
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Appeal from, Polk Pisirriot Oowrt. Plaintiff recovered judgment by confession, in tbe Polk district court, against William F. Ayers, October 15,1858. On the 7th day of March, 1859, David M. Ayers purchased of Ira Cook the N. of lot 10, block 35, of the original town of Fort Des Moines, for the consideration of $800, a little more than one-half of which he then paid in property. Owing debts which he could not pay, and regarding it safer to vest the title in another, he caused the conveyance to be made by Oook to his father, William F. Ayers, who executed his note, secured by mortgage on the…
1Opinion of the CourtDat, J.
i judgment • aiteration of. I. The question which presents itself m Ihm/me is as to the validity of plaintiff’s judgment, and whether it still subsists unsatisfied. The defendant insists that the confession of judgment has been fraudulently altered, by the insertion of material matter. The testimony of William F. Ayers, - by which alone the alteration is sought to be established, is as follows : “ Q. When was the confession of judgment interlined? A. I don’t think that portion was interlined by my direction. I don’t know that it was interlined at all. Q. State whether or not, when you…
2Cases cited8 opinions
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