Novak v. Novak
Supreme Court of Iowa
Appeal from Johnson District Court.— Hon. Chas. A. Bishop and Hon. O. A. Byington, Judges. Petition was filed June '24, '1896, by F. A. Novak asking judgment on a note of $600 executed to Frank Novak by F. H. Novak and praying for the foreclosure of a mortgage excuted by F. H. Novak and wife on certain lots in Iowa City securing their payment.
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Appeal from Johnson District Court.— Hon. Chas. A. Bishop and Hon. O. A. Byington, Judges. Petition was filed June '24, '1896, by F. A. Novak asking judgment on a note of $600 executed to Frank Novak by F. H. Novak and praying for the foreclosure of a mortgage excuted by F. H. Novak and wife on certain lots in Iowa City securing their payment. Milton Bemley had become owner of the lots, and April 9, 1898, filed his answer and cross-petition alleging that F. H. and Frank Novak were largely indebted to him, and that at the time he acquired the lots it was agreed that Frank Novak should cancel…
1Opinion of the CourtLadd, C. J.
1. Continuous account: limitations: adjudication. The hearing, in which the decree complained of was entered, was on issues raised by the cross-petition -of Milton Eemley and amendment thereto, and the answer of Frank Novak and amendment thereto. This cross-petition" was filed in an equitable action to foreclose a mortgage, as the cross-petitioner was the owner of the lots sought to be sequestrated to the satisfaction of' the mortgage, and pleaded facts, which, if true, would have lead to the defeat of the claim of the holder of the mortgage and its cancellation. . This was on the theory that…
2Cases cited5 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Lessenich v. SellersSupreme Court of Iowa · 1903
- Boland v. RossSupreme Court of Missouri · 1894
- Mahaska County State Bank v. ChristSupreme Court of Iowa · 1891
- Spearing v. ChambersSupreme Court of Iowa · 1868
3Cited by1 opinion
- Hume v. Independent School DistrictSupreme Court of Iowa · 1917