Sully v. Wilson
Supreme Court of Iowa
Afpeal from Jasper Circuit Court. The plaintiff claims six hundred and forty dollars on three promissory notes and the foreclosure of a mortgage executed to secure them.
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Afpeal from Jasper Circuit Court. The plaintiff claims six hundred and forty dollars on three promissory notes and the foreclosure of a mortgage executed to secure them. The defendants, for answer, allege that the notes were executed for the conveyance to defendants, without covenants of warranty, of the land described in the mortgage; that the plaintiff falsely and fraudulently represented that a deed from him would convey the title in fee simple, and that in fact the plaintiff had no title to or interest in the said lands. The court found for plaintiff the amount of the notes and decreed a…
1Opinion of the CourtDay, J.
i practice-r?es attaefied. to answer. I. The defendants attached to their answer nine interrogatories, and alleged under'oath that, if answered, they would show that the notes and mortgage sued on were without consideration. The abstract shows that 0f these interrogatories are answered in full, showing that no false representations of any kind were made, and that the notes were given for a quit claim deed for the land. The abstract breaks off abruptly about the middle of the sixth interrogatory. Appellants claim that all of the interrogatories have not been answered, and that those answered…
2Cited by2 opinions
- Hogaboom v. PriceSupreme Court of Iowa · 1880
- Winneshiek County State Bank v. District CourtSupreme Court of Iowa · 1927