Knadler v. Sharp
Supreme Court of Iowa
Appeal from Polk Circuit Cowrt. Action upon a covenant against incumbrances. No question arises upon tbe pleadings, under which the following facts, stated as concisely as practicable, were developed. Prior to June, 1857, J. M. Griffiths was the owner of fifty-one lots in Des Moines.
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Appeal from Polk Circuit Cowrt. Action upon a covenant against incumbrances. No question arises upon tbe pleadings, under which the following facts, stated as concisely as practicable, were developed. Prior to June, 1857, J. M. Griffiths was the owner of fifty-one lots in Des Moines. On the 25th day of June, 1857, and 18th >day of November, 1858, a deed of trust and mortgage were •executed thereon by Griffiths to secure the payment to defendant Sharp of a sum of money, which on the date of the foreclosure thereof, September 11, 1860, amounted to $10.005, bearing ten per cent interest. On the…
1Opinion of the CourtCole, J.
i. pabties : champerty, etc. • — • I. The first point made by the counsel for appellant is, that the plaintiff is not the real party in interest, and cannot therefore maintain the action; and further, .¡.pg facts s|lown the case respecting the transfer of the claims of others to plaintiff constitute champerty and will defeat the entire action. Without controverting the able and forcible argument at bar by the senior counsel for appellant, or undertaking to determine the question upon the principles of the common law, we turn our attention to the statutes of our own State bearing upon it. It…
2Cases cited4 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Cottle v. ColeSupreme Court of Iowa · 1866
- Farwell v. TylerSupreme Court of Iowa · 1858
- Schofield v. Iowa Homestead Co.Supreme Court of Iowa · 1871
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- Cadwell's Bank v. CrittendenSupreme Court of Iowa · 1885
- State Ex Rel. Freebourn v. Merchants' Credit Service, Inc.Montana Supreme Court · 1937
- Sioux City v. Western Asphalt Paving Corp.Supreme Court of Iowa · 1936
- Cassidy v. WoodwardSupreme Court of Iowa · 1889
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