Legal Opinion

Baumgartner v. Peterson

Supreme Court of Iowa

Decided January 29, 1895PublishedCited by 6 opinions

Appeal from Des Moines District Court. — Hon. James D. Smyth, Judge. Action in equity to recover tlie amount of a promissory note, and to foreclose a mortgage on real estate given to secure its payment. There was a hearing on the merits, and a decree in favor of the plaintiff, as prayed. The defendants appeal.

1Opinion of the CourtRobinson, J.

On the twenty-fifth day of August, 1886, the defendant John Peterson made his promissory note for the sum of five hundred and twenty-five dollars, payable one year after its date to Theodore G uelich, or order, at his office in Burlington, with interest at the rate of seven per cent, per annum, payable annually. To secure the payment of the note, which was given as a part of the purchase price of a lot in the city of Burlington, Peterson executed to Guelich a 1 mortgage on the lot. The mortgage was duly recorded. A short time after the note and mortgage were given, and probably on the same1…

2Cases cited5 opinions

  1. Security Co. v. GraybealSupreme Court of Iowa · 1892
  2. Tappan v. MorsemanSupreme Court of Iowa · 1865
  3. Callanan v. WilliamsSupreme Court of Iowa · 1887
  4. Englert v. WhiteSupreme Court of Iowa · 1894
  5. Brayley v. EllisSupreme Court of Iowa · 1887

3Cited by6 opinions

  1. Langhammer v. City of ManchesterSupreme Court of Iowa · 1896
  2. Scott v. TaylorSupreme Court of Florida · 1912
  3. Shoemaker v. MinklerSupreme Court of Iowa · 1926
  4. Smith v. JarmanUtah Supreme Court · 1922
  5. Wood v. SwanSupreme Court of Iowa · 1928

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