Morse v. Beale
Supreme Court of Iowa
Appeal from Poweshielc Circioit Gourt. Plaintiff’s action is on two promissory notes, and for the foreclosure of a mortgage on real estate given to secure them.
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Appeal from Poweshielc Circioit Gourt. Plaintiff’s action is on two promissory notes, and for the foreclosure of a mortgage on real estate given to secure them. In a cross-petition defendant alleged that the notes were given for part of the price which he agreed to pay plaintiff for the real estate covered by the mortgage; that plaintiff conveyed said real estate to him by warranty deed, but that the title to a portion of it had failed; and that he was induced to make the purchase by certain false and fraudulent representations by plaintiff as to the location of one of the boundary lines of…
1Opinion of the CourtReed, J.
Plaintiff’s mortgage covers nineteen lots in Morse & Whitney’s addition the town of Laurel. The addition was laid out and platted by the plaintiff and Gr. W. Whitney. It consisted of 28 lots numbered from 1 to 28 consecutively, lying on the north side of the Grrinnell & Montezuma railway. Plaintiff sold and conveyed to defendant all of the lots in the addition, except numbers 1, 2, 3, 21, 22, 23, 24, 25 *465and 26, and defendant gave a mortgage on the same property to secure a portion of the purchase price. The plat of the addition, as made and recorded by the proprietor, shows the location of…
2Cases cited1 opinion
- Blackshire v. Iowa Homestead Co.Supreme Court of Iowa · 1874
3Cited by15 opinions
- Biermann v. Guaranty Mutual Life InsuranceSupreme Court of Iowa · 1909
- Lynch v. SchemmelSupreme Court of Iowa · 1916
- Northern Life Insurance v. WalkerWashington Supreme Court · 1923
- Rosenbaum Bros. v. LevittSupreme Court of Iowa · 1899
- Chariton & Lucas County National Bank v. TaylorSupreme Court of Iowa · 1930
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