Hiskey v. Williams
Supreme Court of Iowa
Appeal from Dallas District Court. AotioN upon a note dated May 20, 1868, executed by F. S. Graham, as follows: “Ten years after date I promise to pay Daniel Hiskey, or order, fifteen hundred dollars, for value received, with interest at the rate of ten per cent per annum, from date until paid. The interest to be paid annually in advance. If interest is not paid, principal and interest to become due, and mortgage to be foreclosed for collection of same.”
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Appeal from Dallas District Court. AotioN upon a note dated May 20, 1868, executed by F. S. Graham, as follows: “Ten years after date I promise to pay Daniel Hiskey, or order, fifteen hundred dollars, for value received, with interest at the rate of ten per cent per annum, from date until paid. The interest to be paid annually in advance. If interest is not paid, principal and interest to become due, and mortgage to be foreclosed for collection of same.” The petition also asks the foreclosure of a mortgage executed upon certain described real estate for the security of said note. The…
1Opinion of the CourtDay, J.
The material facts are as follows: On the 20th of May, 1868, in Adel, Dallas county, plaintiff constituted F. S. Graham his agent for the sale of the land in controversy, for the sum of fifteen hundred dollars, with interest at the rate of ten per cent, payable annually in advance.
On the day following Ephraim Williams, husband of the defendant, learned from Graham that the land was for sale, and upon what terms, and told Graham he would take it if it suited his wife. At this time he examined the records, and found the title unincumbered.
On the 22d of May, ITiskey, from his home in Monroe,…
2Cited by3 opinions
- Anita Valley, Inc. v. BingleySupreme Court of Iowa · 1979
- Furman v. C., R. I. & P. R.Supreme Court of Iowa · 1881
- Anita Valley, Inc. v. BingleyCourt of Appeals of Iowa · 1982