Dicken v. Morgan
Supreme Court of Iowa
Appeal from Dvnggolot District Court. Action to foreclose a mortgage. A demurrer to the answei Was sustained, and defendants elected to stand upon their pleadings. A decree was entered granting tlie relief prayed for in the petition. Defendants appeal.
1Opinion of the CourtBeck, J.
i contract: not™*SevjJ denee. I. ' The mortgage was executed to secure five promissory notes. The petition alleges that one of the notes, ca^ing for $200, remains due and unpaid, and asks that a judgment and decree of foreclosure be renflered thereon. It is also averred that the note was given for the purchase-money of the lands described in the mortgage.
The second count of defendants’ answer denies that the entire consideration of the note was the purchase-money of the lands, and avers that at the time the note and mortgage were executed the parties entered into an agreement that defendants…
2Cases cited2 opinions
- Trayer v. ReederSupreme Court of Iowa · 1876
- Atherton v. DearmondSupreme Court of Iowa · 1871
3Cited by9 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- De Rue v. McIntoshSouth Dakota Supreme Court · 1910
- Sumter County State Bank v. HaysSupreme Court of Florida · 1914
- Bossingham v. SyckSupreme Court of Iowa · 1902
- Herron v. BrintonSupreme Court of Iowa · 1920
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