Vulgamore v. Stoddard
Supreme Court of Iowa
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
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