Compton v. Comer
Supreme Court of Iowa
Appeal from the Muscatine District Court. The petition in this case alleges, that the complainant in August, 1851, gave a mortgage to one Gatton, on 160 acres of land in Muscatine county, to secure the payment of a promissory note for $150, due in fifteen months; that the complainant resided at the time in Illinois; that Gatton transferred the note to one Campbell, and Campbell to El etcher, and that when complainant came to Iowa to pay the note, Gatton told him he had no…
Read the full summary
Appeal from the Muscatine District Court. The petition in this case alleges, that the complainant in August, 1851, gave a mortgage to one Gatton, on 160 acres of land in Muscatine county, to secure the payment of a promissory note for $150, due in fifteen months; that the complainant resided at the time in Illinois; that Gatton transferred the note to one Campbell, and Campbell to El etcher, and that when complainant came to Iowa to pay the note, Gatton told him he had no further interest in it, but could not tell him where the note was, and he returned to Illinois, without paying it; that he…
1Opinion of the Court
Stockton, J„.
The complainant seeks relief in equity-, against certain proceedings had in the District Conrt of Muscatine county, to foreclose a mortgage given by him on certain lands in said county, and for a decree that shall ■allow him to come in and pay off and discharge the mortgage. He also seeks such a discovery from the respondents, as shall inform him of the true state of facts, in respect to the sale of said lands, made by the sheriff under the decree rendered in said suit. The reasons alleged by the complainant, why the proceedings in said foreclosure suit should be set aside, and…
2Cited by4 opinions
- MacGregor v. MacGregorSupreme Court of Iowa · 1859
- Armstrong v. PiersonSupreme Court of Iowa · 1857
- Westfall v. LeeSupreme Court of Iowa · 1858
- Holladay v. JohnsonSupreme Court of Iowa · 1862