Des Moines Savings Bank v. Arthur
Supreme Court of Iowa
Appeal from Madison District Court. — Hon. W. H. Fahey, Judge. On tbe 6th day of October, 1900, Thomas and Montana Duff executed to A. B. Shriver their promissory note for $1,800 payable on the 6th day of October, 1910, with interest at the rate of 5% per cent, per annum payable an•nually, but, if any part of the principal or interest should not be paid when due, it would bear 8 per cent, per annum.
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Appeal from Madison District Court. — Hon. W. H. Fahey, Judge. On tbe 6th day of October, 1900, Thomas and Montana Duff executed to A. B. Shriver their promissory note for $1,800 payable on the 6th day of October, 1910, with interest at the rate of 5% per cent, per annum payable an•nually, but, if any part of the principal or interest should not be paid when due, it would bear 8 per cent, per annum. This note was secured by a mortgage executed by the payors on 101 acres of land. On February 10, 1906, the Duffs conveyed the land to Edwin Trester and the latter negotiated a loan with A. B.…
1Opinion of the CourtLadd, J.
This is an action to recover judgment against Montana Duff, on a promissory note of $1,800 given October 6, 1900, and payable ten years thereafter, given by herself and husband to A. B. Shriver, and to foreclose a mortgage on one hundred and one aeres of land executed by them to secure its payment. E. O. Arthur, who had acquired the land, was made defendant, as also was A. B. Anderson, who held a note of $3,000 given by Edwin Trester to Shriver February 10, 1906, payable five years after date and secured by a mortgage on the same land. Plaintiff prayed that the lien of this mortgage be…
2Cases cited29 opinions
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Arnd v. AylesworthSupreme Court of Iowa · 1909
- Thorp v. MindemanWisconsin Supreme Court · 1904
- Taylor v. American National BankSupreme Court of Florida · 1912
- Heard v. Dubuque County BankNebraska Supreme Court · 1878
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- Utah State National Bank v. SmithCalifornia Supreme Court · 1919
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