Allen v. Bidwell
Supreme Court of Iowa
Appeal from Pollt Cvrawit Court. Action on note and mortgage for judgment and foreclosure. Yenue changed on application of defendants. Plaintiff appeals. The facts appear in the opinion.
1Opinion of the CourtMiller, J.
The mortgage in this case is upon land situated in Jasper county, and defendants reside in that county. The note which the mortgage was given to secure is, by its terms, “ payable at B. P. Allen’s banking-house, Des Moines, Iowa.” The action was commenced in the county where the note is made payable.
The defendants appeared and moved for an order changing the venue to Jasper county on the grounds that the land mortgaged is situated, and the defendants all resided, in that county. The hearing on the motion was had on the same day it was filed, for the purpose of accommodating the attorney of…
2Cases cited1 opinion
- Hedrick v. BrandonSupreme Court of Iowa · 1859
3Cited by1 opinion
- Stevens v. PrudenSupreme Court of Iowa · 1897