Legal Opinion
Exline v. Lowery
Supreme Court of Iowa
Decided October 3, 1877PublishedCited by 2 opinions
Appeal from Appanoose District Court. Action to foreclose a mortgage. There was a decree and judgment as prayed for in plaintiff’s petition. The defendants, A. J. Morrison & Co.., and A. J. Morrison, appeal. The facts of the case appear in the opinion.
1Opinion of the Court
Beck,' J.
The case was submitted to the court upon an agreed statement of facts which, so far as the rights of the parties appealing are involved therein, are as follows:
“ 1.- That in July, 1869, the plaintiff, George W. Nash, and defendant, W. A. Loweiy, executed a joint note — with other notes to other parties — to one Frederick Zugg; that Nash was in point of fact surety only.
“ 2. That Nash, at the same date, took the mortgage and note in question as indemnity against the payment of said note from Lowery on certain real estate; that the mortgage was for the sum of $2,350, the note to Zugg…
2Cited by2 opinions
- Matless v. SundinSupreme Court of Iowa · 1895
- Miller v. City of CentervilleSupreme Court of Iowa · 1882