La Plant v. Beechley
Supreme Court of Iowa
Appeal from Lmn District Court. — F. O. Ellison, Judge. Suit to foreclose a mortgage. ■ The answer put in issue its alleged maturity, and, by way of counterclaim, prayed judgment for $4,698.77 in damages consequent on plaintiff’s failure to satisfy two mortgages on which there remained owing such sum, and for $18,000 alleged to have been obtained by deceit in misrepresenting the value of certain lands in New Mexico.
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Appeal from Lmn District Court. — F. O. Ellison, Judge. Suit to foreclose a mortgage. ■ The answer put in issue its alleged maturity, and, by way of counterclaim, prayed judgment for $4,698.77 in damages consequent on plaintiff’s failure to satisfy two mortgages on which there remained owing such sum, and for $18,000 alleged to have been obtained by deceit in misrepresenting the value of certain lands in New Mexico. The Security Savings Bank of Cedar Rapids intervened, as assignee of the mortgage sought to be foreclosed, and prayed that its rights therein be protected. On hearing, the…
1Opinion of the CourtLadd, J.
— I. On the 25th day of October, 1912, Edward La Plant, plaintiff, and Nathaniel K. Beechley, defendant, entered into an agreement whereby Beechley undertook to convey to La Plant a farm of 448 acres, near Mt. Vernon, together with all grain crops, live stock, and machinery thereon, in consideration for which, La Plant promised to deed to Beechley ten tracts of improved property in Cedar Rapids, one subject to a mortgage of $5,000, and another subject to a mortgage of $2,500, and also 1,832 acres of land in San Miguel County, New Mexico. Except as stated, all property was to be free from…
2Cases cited3 opinions
- Swearingen v. LahnerSupreme Court of Iowa · 1894
- Moore v. CrandallSupreme Court of Iowa · 1910
- Garretson v. Ferrall & Hawkins Bros.Supreme Court of Iowa · 1891
3Cited by4 opinions
- Collins v. NagelSupreme Court of Iowa · 1925
- Harrison v. BealsOregon Supreme Court · 1924
- Smith v. City of DavenportSupreme Court of Iowa · 1924
- Farmers Savings Bank v. RoeSupreme Court of Iowa · 1923