Bush v. Marshall
Supreme Court of the United States
The following statement of the case was the brief of Mr. Howard, who argued it. This was an appeal from the Supreme Court of Iowa Territory, sitting as a court of equity, under the following circumstances.
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The following statement of the case was the brief of Mr. Howard, who argued it. This was an appeal from the Supreme Court of Iowa Territory, sitting as a court of equity, under the following circumstances. On the 2d of July, 1836, Congress passed an act (chap. 262, 5 Statutes at Large, 70) for laying off the town of Dubuque, amongst other towns, under the direction of the surveyor-general. ' The 1st section directed lots to be laid out in a certain manner, and a plat returned to the Secretary of the Treasury, and within six months thereafter the lots should be sold to the highest bidder. The…
1Opinion of the CourtJustice Grier
delivered, the opinion of the court.
This suit originated in the District Court for Dubuque county, in the Territory of Iowa. It was a bill in chancery to foreclose a mortgage given by the appellant, Bush, to White-sides. The property mortgaged consisted of two lots (numbered 7 and 194) in the town of Dubuque, which Whitesides • had sold and conveyed on the same day to the mortgagor, for the sum of $ 3,000 ,• and the mortgage (dated 8th February, 1839) was.given to secure the sum of $> 1,500, the balance of the purchase-money.
At the time of this transaction, the United States had not yet…
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