Theisen v. Dayton
Supreme Court of Iowa
Appeal from Shelby District Court. — Hon. Geoeg-e Caeson, Judge. This is an action ior judgment on two notes, and for the foreclosure of a mortgage on certain lands, executed by defendant Dayton to A. K. Riley, of which, plaintiff alleges he is the owner. The appellant Byam, being made a defendant, as having some interest, answered, denying plaintiff’s ownership, and alleging that the notes were fully paid to Riley.
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Appeal from Shelby District Court. — Hon. Geoeg-e Caeson, Judge. This is an action ior judgment on two notes, and for the foreclosure of a mortgage on certain lands, executed by defendant Dayton to A. K. Riley, of which, plaintiff alleges he is the owner. The appellant Byam, being made a defendant, as having some interest, answered, denying plaintiff’s ownership, and alleging that the notes were fully paid to Riley. Other allegations in the answer are without any proof to sustain them, and are, therefore, not noticed. A decree was entered for the plaintiff, from which the defendant Byam…
1Opinion of the CourtGiven, J.
The following facts are established by the testimony: The notes and mortgages in suit were executed by Dayton and wife, February 27, 1884, and became due one year thereafter. The mortgage was junior to one executed by Dayton and wife to appellant and to one prior thereto securing two thousand dollars. Dayton executed to Riley, as further security for the three hundred dollars named in the notes, his mortgage on certain chattel property. On January 18, 1886, Dayton sold the mortgaged property to one John Dierks, and conveyed the land by quitclaim deed for the consideration of one hundred…
2Cases cited4 opinions
- Johnson v. WalterSupreme Court of Iowa · 1882
- Powell v. SmithMichigan Supreme Court · 1874
- Crosby v. TannerSupreme Court of Iowa · 1874
- Blake v. KoonsSupreme Court of Iowa · 1887
3Cited by4 opinions
- Hanson v. KlineSupreme Court of Iowa · 1907
- Mueller v. BatchelerSupreme Court of Iowa · 1906
- State v. KirkpatrickSupreme Court of Iowa · 1935
- Olsen v. OlsenSupreme Court of Iowa · 1945