Mann v. Cross
Supreme Court of Iowa
Appeal from Jasper District Court. This was a proceeding to foreclose a mortgage. The points relied upon to reverse the judgment are presented in the opinion. The defendant appeals. cited 1 Chit. PL 1; Code of 1851, sections 1676 and 2084; Buckbee v. Brown, 21 Wen. 110; 3 Bouv.
Read the full summary
Appeal from Jasper District Court. This was a proceeding to foreclose a mortgage. The points relied upon to reverse the judgment are presented in the opinion. The defendant appeals. cited 1 Chit. PL 1; Code of 1851, sections 1676 and 2084; Buckbee v. Brown, 21 Wen. 110; 3 Bouv. Inst. 133, and cases there cited; Sunt v. Collins, 4 Iowa 56. relied upon, Rosseau v. Fine, 1 Iowa 98; Keine v. Ruff, lb. 482; Floyd v. Hosier, lb. 512; Lyster v. Lyster, lb. 130; McGregor, Lawes § Blalcemore v. Armill, 2 lb. 30; Sehleneher v. Risley, 3 Scam. 488; I?
1Opinion of the CourtWright, C. J.
Appellant relies upon two grounds to reverse this judgment.
The first is, that the testimony showed that tbe note and mortgage belonged to a third person, and that complainant was not the real party in interest. Granting that the testimony is properly before us, we need only say that it falls far short of sustaining appellant’s position. It consists of that of one witness, who details conversations had with complainant, “ tending,” in the language of the record, “ to prove that he (complainant) was acting in the collection of the claim, under and through the advice and direction of the…
2Cases cited1 opinion
- Farwell v. TylerSupreme Court of Iowa · 1858
3Cited by7 opinions
- Preston v. WalkerSupreme Court of Iowa · 1868
- Baxter T. BeckwithColorado Court of Appeals · 1913
- Burrows v. StrykerSupreme Court of Iowa · 1877
- Ragan v. DaySupreme Court of Iowa · 1877
- Bowman v. NeelyAppellate Court of Illinois · 1890
2 more not listed; retrieve them via the Exa API.