Baldwin v. Benedict
Supreme Court of Iowa
Appeal from, Harrison District Court. — Hon. Frank R. Gaynor, Judge. Action for judgment on one promissory note for three thousand four hundred dollars executed by defendant George H. Benedict to the plaintiff, and for a decree foreclosing a mortgage on real estate executed by said Benedict and wife to secure the payment of said note. C. D. Stevens was made a defendant, but is not a necessary party to this appeal.
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Appeal from, Harrison District Court. — Hon. Frank R. Gaynor, Judge. Action for judgment on one promissory note for three thousand four hundred dollars executed by defendant George H. Benedict to the plaintiff, and for a decree foreclosing a mortgage on real estate executed by said Benedict and wife to secure the payment of said note. C. D. Stevens was made a defendant, but is not a necessary party to this appeal. The contentions to be considered are between the plaintiff and George H. Benedict. The issues will appear in the opinion. Judgment and decree were rendered in favor of the…
1Opinion of the CourtGiven, J.
I. On March 20, 1894, plaintiff sold to defendant a certain forty-four-acre tract of land for the agreed price of four thousand four hundred dollars, of which one thousand dollars was paid in cash, and for the balance defendant executed the note and mortgage sued upon; his wife joining in the mortgage. The defendant failed to pay the taxes- on said land, wherefore, by the terms of the mortgage, the entire debt became due. The plaintiff executed and delivered to the defendant a writing as follows: “Whereas, Geo. H. Benedict has this day purchased of me the southwest quarter of the southeast…
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- Brown v. Cleveland Trust Co.Cuyahoga Circuit Court · 1908
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