Ross v. Kennison
Supreme Court of Iowa
Appeal from Blaclchawls Ci/rcuit Gowrt. Foreclosure of a mortgage executed by Kennison, defendant, to Biebhoof to secure two promissory notes. The petition alleges the assignment of one of the notes to plaintiff, and that Taggart, with notice of the mortgage, purchased the incumbered premises of Kennison, and as a part of the consideration therefor, agreed and verbally promised Kennison to pay the note in suit.
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Appeal from Blaclchawls Ci/rcuit Gowrt. Foreclosure of a mortgage executed by Kennison, defendant, to Biebhoof to secure two promissory notes. The petition alleges the assignment of one of the notes to plaintiff, and that Taggart, with notice of the mortgage, purchased the incumbered premises of Kennison, and as a part of the consideration therefor, agreed and verbally promised Kennison to pay the note in suit. It is also averred that Kennison has not yet conveyed the land, but has received a part of the considera-, tion therefor, and Taggart has entered into possession thereof. A demurrer by…
1Opinion of the CourtBeck, J.
— I. The question presented for our decision is this: Does the petition set out sufficient ground for the recovery of a personal judgment against Taggart, at the suit of plaintiff?
^BBo^mort gage: liability m a promise to pay pote It has been ruled by this court that the holder of a note secure<^ mortgage, may recover a personal judgment against the grantee of the mortgagor upon ° . ° nor his promise or covenant to pay the note as a part of the consideration of the purchase of the land. Thompson v. Bertram, 14 Iowa, 476; Scott, Adm’r, v. Gill, 19 Iowa, 187; Moses v. Clerk, etc., 12 Iowa, 140;…
2Cases cited4 opinions
- Thompson v. BertramSupreme Court of Iowa · 1863
- Moses v. Clerk of Dallas District CourtSupreme Court of Iowa · 1861
- Johnson v. CollinsSupreme Court of Iowa · 1862
- Scott's Administrators v. GilSupreme Court of Iowa · 1865
3Cited by10 opinions
- Beeson v. GreenSupreme Court of Iowa · 1897
- Moore v. BookerNorth Dakota Supreme Court · 1894
- Starbird v. CranstonSupreme Court of Colorado · 1897
- Marble Savings Bank v. MesarveySupreme Court of Iowa · 1897
- McKay v. WardUtah Supreme Court · 1899
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