Crow, McCreary & Co. v. Vance
Supreme Court of Iowa
Appeal from the Des Moines District Court. Foreclosure of a mortgage. The defendant, H. M. Yance, previous to the year 1849, had sold to Peter Brewer, a tract of land ■ on Skunk river, in Des Moines county, on which to erect a mill, and to secure the payment of $800 of the purchase money, received from Brewer a trust deed of the premises.
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Appeal from the Des Moines District Court. Foreclosure of a mortgage. The defendant, H. M. Yance, previous to the year 1849, had sold to Peter Brewer, a tract of land ■ on Skunk river, in Des Moines county, on which to erect a mill, and to secure the payment of $800 of the purchase money, received from Brewer a trust deed of the premises. On the -16th July, 1849, Brewer being indebted to B. F. Roe, in the sum of $325.50, gave his note for that amount, payable in one year, and to secure the payment of the same, gave Roe a mortgage on the land bought by him of Vance. By an instrument of writing…
1Opinion of the CourtStockton, J.
The first assignment of error, is upon the ruling of the District Court, excluding from the jury the written instrument executed by Yance to Roe, on the ground that it was not an undertaking on the part of Yance, -to give to Roe a lien on the land for the payment of the money due on the note, but only for such money, labor and materials as should be furnished by him, to build the mill, subse*438quent to the date of the agreement. We can give no other construction to this agreement of Vance, than such as shall apply its meaning to all money, labor, or materials advanced by Roe, for the purposes…
2Cases cited3 opinions
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3Cited by12 opinions
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Lilly v. DunnIndiana Supreme Court · 1884
- Zebley v. SearsSupreme Court of Iowa · 1874
- Rankin v. MajorSupreme Court of Iowa · 1859
- Pope & Slocum v. JacobusSupreme Court of Iowa · 1859
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