Butson v. Home Savings & Trust Co.
Supreme Court of Iowa
Appeal from Calhoun District Court.— Hon. Z. A. Church, Judge. Action in equity to cancel mortgage given on the property of plaintiff. Cross-petition by defendants to foreclose the same mortgage. Decree of foreclosure as prayed in cross-petition, and plaintiff appeals. W. M. Bremner, W. A. Graham, and Frick & Crandall, for appellees.
1Opinion of the CourtWeaver, J.
On April 18, 1896, the plaintiff was the owner and holder of five shares of stock in a building and *371loan association known as the “ Iowa Deposit & Loan Company.” Prior to the date named plaintiff had obtained a loan from said association in the sum of $300, to be paid in the usual manner by maturing the aforesaid shares of stock. The payment of the loan was further secured by a mortgage upon the plaintiff’s property, and the stock at this time had been so far paid up that it had a withdrawal value of $125.51. At this point dealings between plaintiff and the defendant Home Savings & Trust…
2Cases cited9 opinions
- Stewart v. PlattSupreme Court of the United States · 1879
- Warner v. JamesonSupreme Court of Iowa · 1879
- Spinney v. MillerSupreme Court of Iowa · 1901
- Low Street Building Ass'n, No. 6 ex rel. Hennighausen v. ZuckerCourt of Appeals of Maryland · 1878
- Cook v. KentMassachusetts Supreme Judicial Court · 1870
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3Cited by2 opinions
- Groover v. Pacific Coast Sav. SocietyCalifornia Supreme Court · 1912
- In Re Trusteeship Washington L. T. Co.Supreme Court of Iowa · 1932