Davis v. Bonar
Supreme Court of Iowa
Appeal from Clarice District Court. On the 6tb of May, 1856, Webster and wife made tbeir mortgage to Kearns, npon certain real estate, to secure a note of $1,690. January 5th, 1857, Webster sold the real estate to Perry.
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Appeal from Clarice District Court. On the 6tb of May, 1856, Webster and wife made tbeir mortgage to Kearns, npon certain real estate, to secure a note of $1,690. January 5th, 1857, Webster sold the real estate to Perry. In March, 1860, Kearns, under the-power given in tbe mortgage, was about; to sell the property, when Perry obtained a writ of injunction restraining this sale, upon tbe ground that tbe contract was usurious, and that an amount tendered tbe mortgagee was all that was due him. In April (14th), 1860, tbe relief prayed for was granted by tbe District Court, it being found that…
1Opinion of the CourtWright, J.
I. After the levy of the execution, by the' sheriff of Clarke county, the District Court of that county had jurisdiction to grant the writ of injunction and hear the cause. The proceedings were not pending in Polk county (where the Supreme Court is held), within the meaning of § 2194 of the Rev. of 1860, as claimed by appellants.
II. That a pleading is argumentative is not a cause of demurrer, under the Rev. of 1860 (§§ 2876, 2918, 2061 and 2063). The statute limits the causes of demurrer, and this is not one of them.
III. Appellants insist, that as complainant purchased the property after the…
2Cases cited2 opinions
- Danforth, Davis & Co. v. CarterSupreme Court of Iowa · 1856
- Ferrier v. BuzickSupreme Court of Iowa · 1858
3Cited by7 opinions
- Massie v. MannSupreme Court of Iowa · 1864
- Cooley v. MaineSupreme Court of Iowa · 1918
- Phelan v. JohnsonSupreme Court of Iowa · 1890
- Farmers' Loan & Trust Co. v. Meridian Waterworks Co.U.S. Circuit Court for the District of Southern Mississippi · 1905
- Beckwith v. DargetsSupreme Court of Iowa · 1865
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