Legal Opinion

Vulgamore v. Stoddard

Supreme Court of Iowa

Decided June 28, 1866PublishedCited by 2 opinions

Appeal from, Louisa District Court. Plaintiff seeks the foreclosure of a mortgage of date May 12, 1860, to secure three notes, on the last of which he claims there is due three hundred and fifty dollars. It seems there had been a prior foreclosure; property sold thereunder; the,sale set aside, and defendants now claim a set-off for the rent of the premises while held under said sale, and for injury to timber,. &c.

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Appeal from, Louisa District Court. Plaintiff seeks the foreclosure of a mortgage of date May 12, 1860, to secure three notes, on the last of which he claims there is due three hundred and fifty dollars. It seems there had been a prior foreclosure; property sold thereunder; the,sale set aside, and defendants now claim a set-off for the rent of the premises while held under said sale, and for injury to timber,. &c. The issues made were submitted to a jury, who found $200 for defendant on the set-off and that this exceeded the amount due on the note, by $4.87, and for this sum defendants had…

1Opinion of the CourtWright, J.

i. judiciai, and’prolits. The judgment was not warranted by the testimony, and the court below erred in overrul- ■ ing plaintiff’s motion for a new trial.

In the first place, there was due on the note at the time of verdict, within a few cents of $225, and assuming- that the finding in favor of defendant ($200) was correct, there should have been judgment in favor pf plaintiff for the balance, $25. Aside from this, however, there was no testimony to warrant the jury in assessing defendant’s damages at $200.

- Assuming that plaintiff was in possession of the premises, either by himself or agent,…

2Cited by2 opinions

  1. Loveridge v. EvansSupreme Court of Iowa · 1901
  2. Oppenheimer Bros. v. ElmoreSupreme Court of Iowa · 1899

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