Heaton v. Ainley
Supreme Court of Iowa
Appeal from Dallas Distmct Gaurt.- — Hon. John A. Story, J udge. AotioN for an accounting of money received on certain mortgages, and praying for tbeir cancellation. The defendant Ainley asked for judgment for the amount due, and decree of foreclosure. The district court found a balance of six hundred and twenty-one dollars and forty cents owing Ainley, and entered a decree accordingly. Ainley appeals.—
1Opinion of the CourtLadd, J.
1 On the tenth day of May, 1889, the plaintiff executed to the defendant Ainley a note of one thousand dollars, and a mortgage,_ securing its payment, on forty-two lots in Perry; and on the same day she and the defendant Heaton, her ’husband, executed a note for a like amount, and a mortgage, securing it, on fourteen lots belonging to him, which have since been conveyed to her. The last note was given to indemnify Ainley against any loss he might sustain by reason of indorsing or signing notes with. Heaton. That this was also the purpose of executing the first note is not questioned, but…
2Cases cited3 opinions
- Elmore v. HigginsSupreme Court of Iowa · 1866
- Dorcey v. PattersonSupreme Court of Iowa · 1858
- Oskaloosa College v. HickokSupreme Court of Iowa · 1877
3Cited by11 opinions
- Griffin v. ErskineSupreme Court of Iowa · 1906
- Nylander v. NylanderSupreme Court of Iowa · 1936
- Mealey v. KanealySupreme Court of Iowa · 1939
- Cresco Union Sav. Bk. v. Terry TerrySupreme Court of Iowa · 1926
- Allison v. HollembeakSupreme Court of Iowa · 1908
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