Legal Opinion
Newbury v. Rutter
Supreme Court of Iowa
Decided April 9, 1874PublishedCited by 4 opinions
Appeal from Lee Circuit Court. Action to foreclose a mortgage. A demurrer to the petition was sustained. The plaintiff appeals.
1Opinion of the CourtCole, J.
mortgage,of: action, — The petition avers the execution of the mortgage, the payment of certain sums named, and that two hundred and forty dollars are still -justly due thereon, and also states a cause for and asks an attachment. No note was given by defendants, but the mortgage is set out in full and is as follows, duly acknowledged.
“Know all men by these presents, That we,'Theodore Rutter and Lucy Rutter of the county of Lee, and State' of Iowa, are justly indebted to A. B. Newbury of Lee - county, and State of Iowa, in the stun of three hundred and thirty-two dollars and 50-100, being for…
2Cases cited3 opinions
- Banta v. WoodSupreme Court of Iowa · 1871
- Elmore v. HigginsSupreme Court of Iowa · 1866
- Deland v. MershonSupreme Court of Iowa · 1858
3Cited by4 opinions
- Flanders v. MerrillSupreme Court of Iowa · 1874
- Brokaw v. FieldAppellate Court of Illinois · 1889
- Exchange National Bank v. WolvertonWashington Supreme Court · 1895
- Holiman v. HanceSupreme Court of Arkansas · 1895