Cherry v. Welsher

This is primarily an action to foreclose a real estate mortgage. A brief statement of the facts is necessary to understand the equities involved.

In May 1911 the plaintiff in consideration of $14,000 conveyed'to Thomas Clarke her farm of 112 acres in Marion County, Iowa. This consideration was evidenced by a cash payment of $1,000 and a note and first mortgage on the land for $13,000. The indebtedness matured May 23, 1921 except $500 which was payable and was paid May 23, 1912. On September 27, 1915 Thomas Clarke conveyed the land to John Joseph. Clarke subject to the mortgage which the…