Watts v. Creighton
Supreme Court of Iowa
Appeal from Warren District Court. — Hon. A. W.. Wilkinson, Judge. • Action on two promissory notes, and for foreclosure-of a mortgage securing the same. Hugh E. Creighton, made default. The defendants James H. Creighton and Laura C. Creighton plead adverse possession of the-mortgaged premises, the statute of limitations, and partial payment. The plaintiff, replying, denies the-matters pleaded by the defendants.
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Appeal from Warren District Court. — Hon. A. W.. Wilkinson, Judge. • Action on two promissory notes, and for foreclosure-of a mortgage securing the same. Hugh E. Creighton, made default. The defendants James H. Creighton and Laura C. Creighton plead adverse possession of the-mortgaged premises, the statute of limitations, and partial payment. The plaintiff, replying, denies the-matters pleaded by the defendants. There was a finding and decree against the defendants, and they appeal.
1Opinion of the CourtKinne, J.
I. This action is for judgment on two-notes for the balance due, after crediting certain payments admitted to have been made, and for taxes paid on the mortgaged premises, and for a foreclosure of the mortgage securing the notes. The defendants, James-H. and Laura C. Creighton, plead a payment of two hundred dollars, admit they have an interest in the premises, and deny all the other allegations of the petition. As to the plea of payment, there is no evidence whatever to sustain it.
*156The defendants claim to have held the mortgaged premises adversely to the plaintiff for over ten years. It…
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