Johnson v. Northern Minnesota Land & Investment Co.
Supreme Court of Iowa
Appeal from Warren District Court. — Hon. J. H. Apple-gate, Judge. Suit in equity to foreclose a mortgage on real estate. At the time of the beginning of tbe suit the mortgage was not due according to its terms, unless it was rendered due by breach of condition. Sueb breach of condition was alleged in the petition. The defendant denied that the mortgage was due and denied the breach of condition, and also averred a material alteration in the mortgage since its execution.
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Appeal from Warren District Court. — Hon. J. H. Apple-gate, Judge. Suit in equity to foreclose a mortgage on real estate. At the time of the beginning of tbe suit the mortgage was not due according to its terms, unless it was rendered due by breach of condition. Sueb breach of condition was alleged in the petition. The defendant denied that the mortgage was due and denied the breach of condition, and also averred a material alteration in the mortgage since its execution. There was a decree for the plaintiff. One defendant, Northern Minnesota Land & Investment Company, has appealed.
1Opinion of the CourtEvans, J.
The defendants in the court below were Northern Minnesota Land & Investment Company and W. A. Fry and wife. The first-named defendant was the maker of the mortgage and note sued on. Since the execution of the note and mortgage, the land covered by the mortgage was sold to Fry, who assumed the mortgage. The mortgage sued on was for $12,000 and was for purchase money. The seller of the land and the payee of the note and mortgage was Osborn Loper. The note and mortgage were dated February 29, 1912, and were made payable March 1, 1917. On March 1, 1912, the mortgagor conveyed the land to…
2Cases cited7 opinions
- Swearingen v. LahnerSupreme Court of Iowa · 1894
- Moore v. CrandallSupreme Court of Iowa · 1910
- Provident Savings Life Assurance Society v. Georgia Industrial Co.Supreme Court of Georgia · 1905
- Heins v. WickeSupreme Court of Iowa · 1897
- Swearingen v. Hartford Fire Ins.Supreme Court of South Carolina · 1899
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- University of Richmond v. StoneSupreme Court of Virginia · 1927
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