Manning v. Ferguson
Supreme Court of Iowa
Appeal from Van Burén District Court. — Hon. T. M. Fee, Judge. ■Action in equity to recover the amount due on a promissory note and for the foreclosure of a mortgage given to secure its payment. Marion Poling and Luella Poling, who were the makers of the note, the payee and guarantor, Ferguson, and Nichols, Shepard & Co., were made parties defendant.
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Appeal from Van Burén District Court. — Hon. T. M. Fee, Judge. ■Action in equity to recover the amount due on a promissory note and for the foreclosure of a mortgage given to secure its payment. Marion Poling and Luella Poling, who were the makers of the note, the payee and guarantor, Ferguson, and Nichols, Shepard & Co., were made parties defendant. Judgment 'by default was rendered against the Polings and Ferguson for the amount due on the note, and the mortgage was foreclosed as to them, and the cause was continued as to Nichols, Shepard & Co. At a subsequent term the plaintiff dismissed…
1Opinion of the CourtRobinson, J.
1 The note upon which the plaintiff obtained judgment was dated December 31, 1891. The mortgage was upon one hundred and twenty acres of land in Yan Burén county, and was recorded on the twenty-second day of January, 1892. Its date is not shown. The answer of Nichols, Shepard & Co. is in the nature of a counter-claim, and states that on the twenty-fifth day of November, 1885, the company recovered in the circuit court of Yan Burén county against the defendant Marion Poling a judgment of which a large amount was unpaid; that Marion Poling purchased the land, and received a conveyance therefor…
2Cases cited4 opinions
- City of Keokuk v. LoveSupreme Court of Iowa · 1870
- King v. StewartSupreme Court of Iowa · 1878
- Rider v. KelsoSupreme Court of Iowa · 1880
- Rand v. BarrettSupreme Court of Iowa · 1885
3Cited by5 opinions
- Manning v. PolingSupreme Court of Iowa · 1900
- Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
- Bankers Surety Co. v. LinderSupreme Court of Iowa · 1912
- Knoll v. Marshall CountySupreme Court of Iowa · 1901
- McCarty v. HuntingSupreme Court of Iowa · 1941