Cochran v. Main
Supreme Court of Iowa
Appeal from Johnson District Court. — R. P. Howell, Judge. Consolidated suits. The inquiry on appeal resolves itself into whether it was error to deny the alternative, prayer of appellants that a deed and contract to reconvey given to appellant be foreclosed as a mortgage.
1Opinion of the CourtSalinger, J.
'1. Mortgages: validity: fraud : evidence : sufficiency. I. W. F. Main answers, separately, that the relations between him and Cochran were confidential, in the sense that Cochran knew that business reverses and conditions obligated Main to borrow; that, when Main, according to custom, conferred with Cochran as to how to obtain a loan of $6,000, Cochran suggested a mortgage to him upon the Main homestead, known by Cochran to be worth from $12,000 to $15,000. Finally, Cochran pointed out that he was loaning at low interest, and if an ordinary mortgage were given, it would be taxed, and that,…
2Cases cited6 opinions
- Reiger v. TurleySupreme Court of Iowa · 1911
- Thomas v. Farley Manufacturing Co.Supreme Court of Iowa · 1888
- Chirurg v. AmesSupreme Court of Iowa · 1908
- Hoskins v. RoweSupreme Court of Iowa · 1883
- Pond v. Waterloo Agricultural WorksSupreme Court of Iowa · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wagner v. WagnerSupreme Court of Iowa · 1951
- Wagner v. WagnerSupreme Court of Iowa · 1951