Simms v. Hervey
Supreme Court of Iowa
Appeal from Polk District Court. Foreclosure oe mortgage: requisites oe valid CONVEYANCES BY MARRIED WOMEN: INSTRUMENTS AND DEED EXECUTED IN blank. — The plaintiff brings this action against the defendants, who are husband and wife, to foreclose a mortgage purporting to be executed by them, in substance as follows: “We, Wm.
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Appeal from Polk District Court. Foreclosure oe mortgage: requisites oe valid CONVEYANCES BY MARRIED WOMEN: INSTRUMENTS AND DEED EXECUTED IN blank. — The plaintiff brings this action against the defendants, who are husband and wife, to foreclose a mortgage purporting to be executed by them, in substance as follows: “We, Wm. H. Hervey and Linda R, of Polk county, Iowa, in consideration of $1,800 in hand paid by Francis Simms, of Troy, N. Y., do hereby sell and convey unto the said Simms, lot 8, in block ‘A,’ &c., in Des Moines, Iowa, together with all buildings thereon. And the said Linda R.…
1Opinion of the CourtDillon, J.
The case was, under the statute, tried to a jury as a law action, and must be so treated on this appeal. It is to be regretted that there were no issues submitted to determine the questions of fact, whether Mrs. Hervey ever acknowledged the mortgage. Nor were the questions submitted by counsel, framed with that precision which is desirable. Thus, for example, the first one assumes the “ execution and delivery ” of the mortgage “ by the defendants;” whereas, Mrs. Hervey’s defense is based upon the theory that she never executed (in the proper sense of that word) the instrument at all, or…
2Cases cited35 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- Drury v. FosterSupreme Court of the United States · 1865
- Catlin v. WareMassachusetts Supreme Judicial Court · 1812
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3Cited by16 opinions
- Manning v. . ManningSupreme Court of North Carolina · 1878
- State v. WilliamsSupreme Court of Iowa · 1865
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- Swartz v. BallouSupreme Court of Iowa · 1877
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