White v. Lucas
Supreme Court of Iowa
Appeal from Story Circuit Court. Action to bave a conveyance of real estate, absolute on its face, executed by the plaintiff to the defendant declared a mortgage. The plaintiff offered to pay a certain sum of money and asked that the indebtedness be canceled and his title to the premises quieted and for general relief.
Read the full summary
Appeal from Story Circuit Court. Action to bave a conveyance of real estate, absolute on its face, executed by the plaintiff to the defendant declared a mortgage. The plaintiff offered to pay a certain sum of money and asked that the indebtedness be canceled and his title to the premises quieted and for general relief. Previous' to March, 1874, the plaintiff became indebted to the defendant and others, to secure the greater portion of which he had executed mortgages on the real estate described in the pleadings. ' On the 13th day of March, 1874, an accounting of the amount due was had and an…
1Opinion of the CourtServers, J.
1. tjstjp.y : mortgage. I. Previous to March, 1874, the plaintiff was indebted to the defendant, but the amount was a subject of controversy between them. Actions were pending. An accounting was had and plaintiff gave his note for an amount agreed upon. We are entirely satisfied that the note exceeded the amount the defendant claimed to be due on the day of the settlement about one year’s interest at twenty per cent on $1,812.47 or $362.94. The consideration of the conveyance was this indebtedness. While in form the defendant conditionally re-sold the premises to the plaintiff, yet we are…
2Cited by12 opinions
- Seppala & Aho Construction Co. v. PetersenMassachusetts Supreme Judicial Court · 1977
- J. H. Morris, Inc. v. Indian Hills, Inc.Supreme Court of Alabama · 1968
- Brett v. First National Bank of MariannaSupreme Court of Florida · 1929
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Bigler v. JackSupreme Court of Iowa · 1901
7 more not listed; retrieve them via the Exa API.