Legal Opinion

Mills County Nat. Bank v. Perry

Supreme Court of Iowa

Decided June 15, 1887PublishedCited by 13 opinions

Appeal from Mills Circuit Court. Action in chancery to foreclose a mortgage. There was a decree for plaintiff. Defendants appeal.

1Opinion of the CourtBeck, J.

I. The questions arising in the case, with the *16facts involved therein, will be considered in the order of their presentation by defendants’ counsel.

The court sustained a motion to strike part of defendants’ answers. This ruling is first complained of by counsel. The parts of the answers stricken contain allegations to the following effect: (1) The cashier of plaintiff represented to defendants, when the mortgage was executed, that he 'only wanted it to show to the bank examiner, and for no other purpose. (2) At the same time the cashier agreed that the principal defendant “ might renew the…

2Cases cited1 opinion

  1. Gold-Mining Co. v. National BankSupreme Court of the United States · 1878

3Cited by13 opinions

  1. Van Sloun v. Agans Bros., Inc.Supreme Court of Iowa · 2010
  2. Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
  3. Schuber v. McDuffeeSupreme Court of Oklahoma · 1917
  4. Portland National Bank v. ScottOregon Supreme Court · 1891
  5. Schneider v. ThompsonCourt of Appeals for the Eighth Circuit · 1932

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