Burbank v. Warwick
Supreme Court of Iowa
■ Appeal from Cass District 'Court. Action to foreclose a mortgage on real estate. There was a decree dismissing the petition, and the plaintiff appeals.
1Opinion of the CourtSeevers, J.
i mortgagesi(ieration->u" assignment. — I. The mortgage, for such it is in legal effect ' under the laws of this state, was executed by Mrs. Maria S. Swann, in July, 1873. As recited therein it was g*ven secure the payment of a promissory note 0f even«date therewith, for $2,000, payable in four years, and executed by Mrs. Swann. The undisputed facts are that J. M. Swann was indebted to Mrs. Gricke, the rnortgagee, in the sum of $1,300 or $1,400, and he applied to the mortgagor to aid him in paying said indebtedness, or to fur*494nisli him the mortgage so that money could be raised thereon and…
2Cases cited1 opinion
- Brown v. CascadenSupreme Court of Iowa · 1876
3Cited by1 opinion
- First National Bank of Nevada v. BryanSupreme Court of Iowa · 1883