Casady v. Bosler
Supreme Court of Iowa
Appeal from Woodbury District Court. The plaintiff seeks to enjoin the sale of certain property under the deeds of trust executed by him, to secure to the defendants two several sums of money, evidenced by promissory notes.
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Appeal from Woodbury District Court. The plaintiff seeks to enjoin the sale of certain property under the deeds of trust executed by him, to secure to the defendants two several sums of money, evidenced by promissory notes. The petition sets up a lengthy and detailed account of the transaction in which he alleges the indebtedness arose, showing that the notes secured by the deeds were tainted with usury; and averring that after purging the transactions detailed of all. usury, there remained due to the defendants the sum of $225, which, in the language of the petition, “your petitioner hath…
1Opinion of the CourtWright, J.
I. Complainants appeal from the order of the District Court dissolving an injunction obtained by them to stay the sale of certain real estate under a trust deed. The action of the court was warranted by the following cases: Stringham v. Brown, 7 Iowa 33; Sloan v. Coolbaugh, 10 Ib. 31; Johnson, v. Triggs, 4 G. Greene, 99; Freeman v. Fleming, 5 Ib. 461, and Mohn v. Stoner, ante. And see Story on Cont. section 635; 5 Johns. Ch. 122; 18 Conn. 18; Story’s Eq. Jur. section 301 and note 1.
II. An offer to pay a particular sum of money, without producing the same, as provided for in section 1816, Rev.…
2Cases cited4 opinions
- Sands v. LyonSupreme Court of Connecticut · 1846
- Fanning v. DunhamNew York Court of Chancery · 1821
- Shricker v. FieldSupreme Court of Iowa · 1859
- Stringham v. BrownSupreme Court of Iowa · 1858
3Cited by4 opinions
- Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
- Traer v. Lucas Prospecting Co.Supreme Court of Iowa · 1904
- Shugart & Lininger v. PatteeSupreme Court of Iowa · 1873
- Myrah v. DanaSupreme Court of Iowa · 1925