County of Des Moines v. Harker
Supreme Court of Iowa
Appeal from, Des Moines Circuit Court. This action was commenced October 15, 1870, to foreclose a mortgage, executed May 11, 1848, to the school fund commissioner of Des Moines county, by A. E. Harker and wife, on lot No. 150, in the city of Burlington ; given to secure a note for $300, money loaned by said commissioner to said Harker, due May 11, 1851, with ten per cent interest; judgment was asked for the $300, with interest from January 1, 1869. Subsequent purchasers,…
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Appeal from, Des Moines Circuit Court. This action was commenced October 15, 1870, to foreclose a mortgage, executed May 11, 1848, to the school fund commissioner of Des Moines county, by A. E. Harker and wife, on lot No. 150, in the city of Burlington ; given to secure a note for $300, money loaned by said commissioner to said Harker, due May 11, 1851, with ten per cent interest; judgment was asked for the $300, with interest from January 1, 1869. Subsequent purchasers, having interests in the lot, were made parties defendants. They answered, by pleading the statute of limitations. Plaintiff…
1Opinion of the CourtCole, J.
This case has been presented with such ability and manifest research, as justifies special notice and commendation. Two questions are discussed: First, Whether the amendment to our statute of limitations (Laws of 1862, chapter 148), which enacts that “ lapse of time shall, in no case, bar any action brought or to be brought, on any contract for any part of the school fund; nor shall such lapse of time prevent the introduction of evidence in any such action, any thing in chapter 116 of the Revision of 1860 to the contrary notwithstanding,” can be held to so operate as to remove the bar of the…
2Cases cited1 opinion
- Griffin v. Iowa Homestead Co.Supreme Court of Iowa · 1866
3Cited by20 opinions
- State ex rel. Evans v. StewartMontana Supreme Court · 1916
- State v. School District No. 3Supreme Court of Kansas · 1885
- Board of Education, School District 16 v. StandhardtNew Mexico Supreme Court · 1969
- Attorney General v. Revere Copper Co.Massachusetts Supreme Judicial Court · 1890
- Fennelly v. A-1 MacHine & Tool Co.Supreme Court of Iowa · 2006
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