Mixer v. Bennett
Supreme Court of Iowa
Appeal from O’Brien GirevÁt Oourt. This is an action for the foreclosure of a mortgage upon certain real estate. The hearing in the court below resulted in a decree in favor of the defendant Julia E. Bennett, the owner of the real estate and principal mortgagor, and in favor of the defendant L. B. Bennett, a .purchaser of the real estate after the record of said mortgage. The other defendants were defeated, and judgment and decree were rendered against them.
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Appeal from O’Brien GirevÁt Oourt. This is an action for the foreclosure of a mortgage upon certain real estate. The hearing in the court below resulted in a decree in favor of the defendant Julia E. Bennett, the owner of the real estate and principal mortgagor, and in favor of the defendant L. B. Bennett, a .purchaser of the real estate after the record of said mortgage. The other defendants were defeated, and judgment and decree were rendered against them. Plaintiff appeals.
1Opinion of the CourtRotheooK, J.
Julia E. Bennett was the owner of a lot in the town of Sheldon. L. F. Bennett is her husband. The plaintiff claims that on the fifteenth day of July, 1880, the said defendants executed and delivered to him four promissory notes, for $100 each, and that at the same time they executed and delivered a mortgage upon the lot to secure the payment of the notes. The mortgage was duly acknowledged on the day of its date, and on the twenty-first day of July, 1880, it was filed for record, and recorded.
Julia E. Bennett, in answer to .the petition for a foreclosure of the mortgage, denied the execution…
2Cases cited1 opinion
- Borland v. WalrathSupreme Court of Iowa · 1871
3Cited by12 opinions
- Gribben v. ClementSupreme Court of Iowa · 1909
- Stephenson v. StephensonSupreme Court of Iowa · 1956
- Currier v. ClarkSupreme Court of Iowa · 1910
- Roberts v. RobertsSupreme Court of Iowa · 1916
- Harris v. Phœnix InsuranceSupreme Court of Iowa · 1892
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