Home Savings & Trust Co. v. Hicks
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. S. F. Prouty, Judge. Suit iu equity to forclose a mortgage, aud to enjoin defendant from prosecuting an action in justice’s court, wherein he .was seeking to recover a pénalty froni plaintiff for failure to satisfy of record the mprtgage sued on. A temporary writ of injunction was issued on the filing of the petition, which defendant moved to dissolve. This motion was overruled, and defendant appeals. —
1Opinion of the Court
Deemér, J.
*1151 *114— The case comes to us on a certificate . from the trial judge which reads as follows, to wit: “Where *115a mortgagor (one J. B. Hicks)'claimed that a real estate mortgage duly recorded in the office of the recorder of deeds of Polk county, Iowa, was paid in full, qnd served notice on the mortgagee, the Home Savings & Trust Company, demanding the cancellation of said mortgage within thirty days, as by law provided, and after the lapse of more than thirty days from the date of the service of said notice said Home Savings & Trust Company failing in the meantime to cancel said mortgage of…
2Cases cited12 opinions
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- Wallack v. Society for Reformation of Juvenile DelinquentsNew York Court of Appeals · 1876
- Eldridge v. HillNew York Court of Chancery · 1816
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3Cited by14 opinions
- Wood Bros. Thresher v. EicherSupreme Court of Iowa · 1942
- Hall v. HenningerSupreme Court of Iowa · 1909
- Kent Products, Inc. v. HoeghSupreme Court of Iowa · 1953
- Snouffer v. City of TiptonSupreme Court of Iowa · 1913
- Security Savings Bank v. CarrollSupreme Court of Iowa · 1905
9 more not listed; retrieve them via the Exa API.