Collins v. Jennings
Supreme Court of Iowa
Appeal from Montgomery District Court. Action in chancery to foreclose a mortgage. There was a decree granting the relief prayed for by plaintiff, from which defendants appeal. The facts of the case appear in the opinion. In equity an offer and a willingness coupled with the ability to pay the money are all that are necessary where at law an absolute, unconditional tender of the money would be required.
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Appeal from Montgomery District Court. Action in chancery to foreclose a mortgage. There was a decree granting the relief prayed for by plaintiff, from which defendants appeal. The facts of the case appear in the opinion. In equity an offer and a willingness coupled with the ability to pay the money are all that are necessary where at law an absolute, unconditional tender of the money would be required. (Haywood v. Hunger, 14 Iowa, 522.) Where a deed is necessary to be tendered by the terras of the contract before the purchase money can be recovered, it has been held that the deed need not be…
1Opinion of the CourtBeck, J.
The mortgage in suit was given to secure a promissory note executed for a part of the purchase money of the same land covered by it. The land was conveyed by a deed of warranty from the mortgagee, the plaintiff, to Jennings, the mortgagor, one of the defendants, who, in his answer, sets up that the title to part of the land has wholly failed, and in an action of partition four and one-half acres were set apart to one holding an adverse title to an undivided interest in a portion of the property. He also claims that he is entitled to certain credits upon the note for cash paid thereon, $700,…
2Cited by3 opinions
- City of Corvallis v. CarlileOregon Supreme Court · 1882
- Steckel & Son v. StandleySupreme Court of Iowa · 1898
- The Tubal CainDistrict Court, S.D. New York · 1881