Gilmore v. Shearer
Supreme Court of Iowa
Appeal from Cerro Gordo District Co%i,rt. — Joseph J. Clark, Judge. Suit in equity, to foreclose a real estate mortgage. The defendants named were Esslinger, Scott, and Shearer. Esslinger was the mortgagor. Scott and Shearer were subsequent and successive grantees of land, who, as alleged, assumed to pay the mortgage sued on. Only defendants Scott and Shearer defended. They denied personal liability for the mortgage debt on various grounds.
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Appeal from Cerro Gordo District Co%i,rt. — Joseph J. Clark, Judge. Suit in equity, to foreclose a real estate mortgage. The defendants named were Esslinger, Scott, and Shearer. Esslinger was the mortgagor. Scott and Shearer were subsequent and successive grantees of land, who, as alleged, assumed to pay the mortgage sued on. Only defendants Scott and Shearer defended. They denied personal liability for the mortgage debt on various grounds. There was a decree for the plaintiff against all defendants. Scott and Shearer have appealed. —
1Opinion of the CourtEvans, J.
A brief chronology of events transpiring between April, 1919, and March 1, 1920, may be here stated. The mortgaged land consisted of a quarter section located in Cerro Gordo County, Iowa. In April, 1919, Kline, the owner thereof, contracted to sell it to Gilmore, plaintiff herein, for a consideration of $28,000. Shortly thereafter, Gilmore contracted to sell it to Esslinger for $32,000. Within a few weeks, Esslinger contracted to sell it to Scott for $35,200. Within a few weeks thereafter, Scott contracted to sell it to Shearer at a still further advance in price. All of these successive…
2Cases cited8 opinions
- Beeson v. GreenSupreme Court of Iowa · 1897
- Peters v. GoodrichSupreme Court of Iowa · 1921
- Bennett Savings Bank v. SmithSupreme Court of Iowa · 1915
- Logan v. MillerSupreme Court of Iowa · 1898
- Bossingham v. SyckSupreme Court of Iowa · 1902
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3Cited by6 opinions
- Fulton v. McCulloughSupreme Court of Iowa · 1943
- Nebraska Wesleyan University v. SmithNebraska Supreme Court · 1925
- Williamsburg Savings Bank v. DonohoeSupreme Court of Iowa · 1927
- Royal Union Life Insurance v. HughesSupreme Court of Iowa · 1928
- Richardson v. StewartSupreme Court of Iowa · 1933
1 more not listed; retrieve them via the Exa API.