Hoyne v. Iowa Title & Loan Co.

The propositions presented for review upon this appeal all arise on the motion to dismiss the plaintiff’s petition. The essential and material facts alleged in the petition are deemed admitted by the motion. The petition comprises twenty-nine pages of the abstract, and presents much confusion and no lack of complications in the statement of the ultimate facts. The trial court held that the petition was without equity and that it did not state a cause of action..The ultimate facts, as we gather them from the pleadings, may be summarized as follows: On a date not stated in 1919, Clark Brothers,…