Evans v. Burns
Supreme Court of Iowa
Appeal from Chickasaw Circuit Court, The plaintiff claims to be the owner of a judgment rendered upon a promissory note against the defendant Burns. The note at the time of its execution was secured by a mortgage upon about six acres of land. In the action in which the judgment was rendered there was no prayer for a decree of foreclosure, and this action is brought as supplemental to that to enforce the lien of the mortgage.
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Appeal from Chickasaw Circuit Court, The plaintiff claims to be the owner of a judgment rendered upon a promissory note against the defendant Burns. The note at the time of its execution was secured by a mortgage upon about six acres of land. In the action in which the judgment was rendered there was no prayer for a decree of foreclosure, and this action is brought as supplemental to that to enforce the lien of the mortgage. The defendant Dayton is the owner of two notes executed by Burns and secured by the same mortgage, but falling due later than the note upon which the plaintiff’s judgment…
1Opinion of the CourtAdams, J.
The appellant Dayton denies that the plaintiff is entitled to any lien at all. He concedes that Burns executed three notes, that they were all secured by one mortgage, and that the plaintiff’s judgment was rendered upon the one first falling due; but he contends that the judgment was afterwards paid. Whether it was paid or not is the principal question to be determined. The undisputed facts are that the Bank of New Hampton becaihe the owner of the three notes; that when the first fell due it obtained thez’eon the judgment in question, and afterwards assigned the judgment, and also the two…
2Cases cited1 opinion
- Cousins v. WestcottSupreme Court of Iowa · 1863
3Cited by2 opinions
- Kessel v. MurraySupreme Court of Iowa · 1924
- Berry v. GrossSupreme Court of Iowa · 1921