Briggs v. Iowa Savings Loan Ass'n
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. A. Bishop, Judge. Action iu equity to secure an accounting as to the amount due on a mortgage given to “defendant, and to effect redemption therefrom. By a cross-bill defendant sought to forclose its mortgage. From a decree fixing the amount-due and foreclosing the mortgage, plaintiffs appeal.
1Opinion of the CourtWaterman, J.
1 Appellants claim the loan ivas usurious, and the principal question involved is the same as was determined in the case of Edworfhy against this same defendant, decided at the present term (113 Iowa), the two actions being tried together below. Following our holding in that case, the curative act (chapter 48, Acts Twenty-seventh General Assembly), must be held to have conferred a right on defendant which was unaffected by the repeal of such statute.
*2342 *233II. There are, however, two questions involved peculiar to this case. Briggs and his wife made a mortgage *234on their homestead to secure this loan…
2Cases cited5 opinions
- Christianson v. Northwestern Compo-Board Co.Supreme Court of Minnesota · 1901
- Iowa Savings & Loan Ass'n v. HeidtSupreme Court of Iowa · 1899
- First National Bank v. HollinsworthSupreme Court of Iowa · 1889
- Spinney v. MillerSupreme Court of Iowa · 1901
- Ragan v. DaySupreme Court of Iowa · 1877
3Cited by14 opinions
- First National Bank v. WaddellSupreme Court of Arkansas · 1905
- Holden v. Farwell, Ozmun, Kirk & Co.Supreme Court of Minnesota · 1947
- Goodale v. WallaceSouth Dakota Supreme Court · 1905
- Spinney v. MillerSupreme Court of Iowa · 1901
- Edworthy v. Iowa Savings & Loan Ass'nSupreme Court of Iowa · 1901
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