Provost v. Rebman
Supreme Court of Iowa
Appeal from Dubuque District Court. This action was brought by tlie plaintiff to reform a mortgage made to liim by tlie defendant Rebman, and which had been foreclosed by suit in equity, and sale under the decree to the plaintiff.
Read the full summary
Appeal from Dubuque District Court. This action was brought by tlie plaintiff to reform a mortgage made to liim by tlie defendant Rebman, and which had been foreclosed by suit in equity, and sale under the decree to the plaintiff. The petition in this •case avers that the defendant Rebman, and plaintiff, agreed and intended that the mortgage, should be of a certain brick block in Dubuque, and the land on which it stood; which land was the south forty feet of lot number two-hundred- and sixty-seven, and the north two and one-half feet of-lot number two hundred and sixty-six. That by mistake…
1Opinion of the CourtCole, J.
„ 1, Mortgage: mistake0/1 01 redemption. This action is, brought by the plaintiff to correct a mistake in the mortgage made by the defendant to him, and to perfect his title to the mortgaged property. So far as the fact of mistake -g concerne(]j the defendant admits it, and by his answer, which is made a cross petition, asks to have the mortgage reformed or corrected. There can, then, be no doubt or controversy as to the right of the plaintiff to have the mortgage reformed by correcting the mistake in the description of the mortgaged property, as claimed by the plaintiff and admitted by the…
2Cases cited1 opinion
- Blodgett v. HobartSupreme Court of Vermont · 1846
3Cited by7 opinions
- Carrigg v. Mechanics Bank of ProvidenceSupreme Court of Iowa · 1907
- Hosteng Concrete & Gravel, Inc. v. TullarCourt of Appeals of Iowa · 1994
- McDonald v. YungbluthU.S. Circuit Court for the District of Southern Ohio · 1891
- McKissick v. Mill Owners' Mutual Fire Ins.Supreme Court of Iowa · 1878
- State Loan Co. v. White Earth Coal Mining Brick & Tile Co.North Dakota Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.