Mowbray v. Simons
Supreme Court of Iowa
Appeal from Black Haiok District Court. — H. B. Boies, Judge. Suit in equity to foreclose a mortgage upon real estate, and against appellant upon a contract by which he assumed and' agreed to pay the mortgage indebtedness. Decree as prayed.—
1Opinion of the CourtStevens, J.
i. mortgages : " assumption of ation consia<?r" Irene and John H. Simons, wife and husband, on March 17, 1914, executed and delivered a note for $3,350, antedated November 25, 1913, and payable March 1, 1916, to plaintiffs. The consideration for this note, was a part of the purchase price A for a tract of land. Payment of the note was secured by a mortgage on the land. The reason assigned for antedating the note was that interest was to commence on the indebtedness on November 25, 1913, instead of on the date on which the note and mortgage were executed. Both the note and mortgage provided…
2Cases cited20 opinions
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Koon v. TramelSupreme Court of Iowa · 1887
- Nicholson v. NearyWashington Supreme Court · 1914
- First State Bank ex rel. Oelke v. WilliamsSupreme Court of Iowa · 1909
- Robertson v. U. S. Live Stock Co.Supreme Court of Iowa · 1914
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3Cited by10 opinions
- Partello v. WhiteSupreme Court of Iowa · 1924
- Coffin v. YounkerSupreme Court of Iowa · 1923
- Messer v. Washington National InsuranceSupreme Court of Iowa · 1943
- Iowa Title & Loan Co. v. Clark Bros.Supreme Court of Iowa · 1929
- Frenzel v. FrenzelSupreme Court of Iowa · 1967
5 more not listed; retrieve them via the Exa API.