Taylor v. Trulock
Supreme Court of Iowa
Appeal from Des Moines District Qowrt. This action is brought to recover the amount of two promissory notes, each for the sum of $2,250, and to foreclose a mortgage executed to secure them.
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Appeal from Des Moines District Qowrt. This action is brought to recover the amount of two promissory notes, each for the sum of $2,250, and to foreclose a mortgage executed to secure them. The defendants answered as follows: “ Tour defendants say that said mortgage did not truly represent the true contract between the parties in these particulars: That said mortgage, by omission and mistake, fails to contain a provision that said, mortgagee would release the same' as to any portions of the lands sold and take the securities therefor, and thereby enable the defendants to realize from the land…
1Opinion of the Court
Day, J".
i. evidence : tenfnst™*' ment' Respecting the execution of the mortgage T. J. Trulock, one of the defendants, testifies as follows: “We went t0 JU(%e Smyth’s * * * * * to write up these papers. We were there three or four times before we got matters fixed up. When the .mortgage and notes were signed, myself, Judge Smyth and David Pierson were present. Don’t remember Taylor being there at that time. He was there one time. Judge Smyth was acting for one John Taylor, and had been through the entire litigation. When the mortgage was made, I told Smyth one important matter was omitted from…
2Cited by2 opinions
- Comptograph Co. v. Burroughs Adding Machine Co.Supreme Court of Iowa · 1916
- Bigelow v. WilsonSupreme Court of Iowa · 1889