Tabor v. Foy
Supreme Court of Iowa
Appeal from Lee District Court. Action in chancery to foreclose a mortgage. Upon a trial on the merits there was a decree dismissing plaintiff’s petition and directing that the mortgage be canceled as prayed for in a cross bill filed by defendant. Plaintiff appeals. The facts of the case are set out in the opinion.
1Opinion of the CourtBeck, J.
I. The mortgage, which is the foundation of plaintiff’s action, purports to secure a promissory note for $3,000, payable to J. P. Stevenson or order, and is alleged in the petition to have been executed by defendant. It was transferred by the payee before maturity and by a second indorsement reached the hands of plaintiff. The defendant in her answer alleges that the note was not signed by her and is a forgery. She admits the execution of the mortgage, but avers that it was procured by the fraud of the mortgagee, who represented that the instrument was to ' secure the payment of $2,000, which…
2Cases cited1 opinion
- Pope & Slocum v. JacobusSupreme Court of Iowa · 1859
3Cited by3 opinions
- Farmers National Bank of Oskaloosa v. StantonSupreme Court of Iowa · 1921
- First National Bank of Nevada v. BryanSupreme Court of Iowa · 1883
- Duffy v. HendersonSupreme Court of Iowa · 1912