Callanan v. Shaw
Supreme Court of Iowa
Appeal from Polk District Court. This was an action in chancery to foreclose two mortgages executed by defendants, Alexander Shaw and wife; the first to secure a note for $2,008.16, to J. A. Williamson, dated June 4, 1857, due in six months, and by him assigned, September 7, 1857, to J. Callanan, who soon .after assigned the same to plaintiffs; the second, to secure a note for $550, to plaintiffs, dated September 5, 1857. These mortgages were upon the same real estate.
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Appeal from Polk District Court. This was an action in chancery to foreclose two mortgages executed by defendants, Alexander Shaw and wife; the first to secure a note for $2,008.16, to J. A. Williamson, dated June 4, 1857, due in six months, and by him assigned, September 7, 1857, to J. Callanan, who soon .after assigned the same to plaintiffs; the second, to secure a note for $550, to plaintiffs, dated September 5, 1857. These mortgages were upon the same real estate. The action was commenced July .9, 1861, and brought to trial at the special June Term, 1867, and a final decree rendered on…
1Opinion of the CourtBeck, J.
1. Evidence: ofwitnessnot credible. In the examination of the points made against the rulings of the court below, we , ... . ,. . . , . . will notice them m the order m which they are presented in the printed argument of plaintiffs’ attorney.
1. It is urged that the twelfth instruction, given by the court to the jury, is erroneous. It is as follows: “ If you find, that there is a conflict in the evidence and in the statements of the witnesses, it is your duty to reconcile such evidence and statements if you can. If you cannot, then you are to be the judges of the weight and credibility *444of each…
2Cases cited7 opinions
- The Santissima Trinidad.Supreme Court of the United States · 1822
- Burrows & Prettyman v. Cook & SargentSupreme Court of Iowa · 1864
- Van Slyck v. HogeboomNew York Supreme Court · 1810
- Buddington v. KnowlesSupreme Court of Connecticut · 1861
- Hollingsworth v. PickeringIndiana Supreme Court · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State Ex Rel. Turner v. Younker Brothers, Inc.Supreme Court of Iowa · 1973
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Wills v. StateSupreme Court of Alabama · 1883
- Loucheine v. StrouseWisconsin Supreme Court · 1880
- Meyer v. Guardian Trust Co.Court of Appeals for the Eighth Circuit · 1924
20 more not listed; retrieve them via the Exa API.