Everett v. Whitney
Supreme Court of Iowa
Appeal from Gass District Gowrt. Elijah Everett was engaged in the stock business in Cass county in this State, in the year 1875, and for some time thereafter. In November, 1875, he borrowed of the plaintiff the sum of $800. The plaintiff was then and still is a resident of the State of Ohio. On the 28th of April, 1876, said Everett executed a mortgage upon certain chattels to secure tbe payment of said loan, and delivered tbe same to tbe recorder of Cass county for record.
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Appeal from Gass District Gowrt. Elijah Everett was engaged in the stock business in Cass county in this State, in the year 1875, and for some time thereafter. In November, 1875, he borrowed of the plaintiff the sum of $800. The plaintiff was then and still is a resident of the State of Ohio. On the 28th of April, 1876, said Everett executed a mortgage upon certain chattels to secure tbe payment of said loan, and delivered tbe same to tbe recorder of Cass county for record. On tbe -same day, but after tbe delivery of tbe mortgage to tbe recorder, the property therein described- was seized…
1Opinion of the CourtBothrook, J.
1. MORTGAGE : delivery: record. — Tbe evidence tended to show that tbe negotiations for a loan were made at tbe plaintiff’s residence in Ohio; that part of tbe money was paid over at 7 , the time, and the balance remitted by plaintiff to Everett after bis return from Ohio; that a promissory note for tbe amount was afterwards executed and sent to tbe plaintiff. Tbe agreement for tbe loan was that Elijah Everett should secure its payment either by personal security or by a mortgage upon personal property belonging to him in Cass county. Tbe evidence further shows that it was agreed that, in…
2Cases cited3 opinions
- Day v. GriffithSupreme Court of Iowa · 1863
- Sargeant v. SolbergWisconsin Supreme Court · 1867
- Cobb v. ChaseSupreme Court of Iowa · 1880
3Cited by4 opinions
- Hibbard, Spencer, Bartlett & Co. v. ZenorSupreme Court of Iowa · 1888
- Richardson v. EstleSupreme Court of Iowa · 1932
- In re Assignment of GuyerSupreme Court of Iowa · 1886
- Capital City Bank of Des Moines v. HodginU.S. Circuit Court for the Southern District of Iowa · 1885