Legal Opinion

Guiher v. Huffman

Supreme Court of Iowa

Decided October 23, 1906PublishedCited by 1 opinion

Appeal from, Madison District Court.— Hon. James D. Gamble, Judge. IN April, 1899, the defendants Thomas Huffman and W. E. Huffman, and one George C. Huffman, now deceased, whose administrator is a party defendant, executed a promissory note for $2,000 to the German Savings Bank, secured by mortgage on three adjoining forty-acre tracts of land; the purpose being to secure the sum of $2,000 with which to pay the purchase price to the amount of $1,000 on each of two of said…

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Appeal from, Madison District Court.— Hon. James D. Gamble, Judge. IN April, 1899, the defendants Thomas Huffman and W. E. Huffman, and one George C. Huffman, now deceased, whose administrator is a party defendant, executed a promissory note for $2,000 to the German Savings Bank, secured by mortgage on three adjoining forty-acre tracts of land; the purpose being to secure the sum of $2,000 with which to pay the purchase price to the amount of $1,000 on each of two of said forty-acre tracts, conveyed by one Kale, the one to W. E. Huffman, defendant, and the other to George C. Huffman. Thomas…

1Opinion of the Court

McOlain, O. J.

From the foregoing statement it appears that the mortgage which is being foreclosed was given for the purpose of securing the payment of $2,000 borrowed money, with which two of the forties were purchased, the one being conveyed to W. E; Huffman, the other to George 0. Huffman, and that the forty conveyed to G'eorge 0. Huffman, who has since died, is claimed by his widow and heirs to be exempt from sale until the lien of the mortgage on the other two tracts has been exhausted; while it is claimed on behalf of Thomas Huffman that, as he was surety only for the borrowed money, and…

2Cases cited5 opinions

  1. Bills v. MasonSupreme Court of Iowa · 1876
  2. Campbell v. MaginnisSupreme Court of Iowa · 1887
  3. Johnson County Savings Bank v. CarrollSupreme Court of Iowa · 1899
  4. Dilger v. PalmerSupreme Court of Iowa · 1882
  5. Bockholt v. KraftSupreme Court of Iowa · 1889

3Cited by1 opinion

  1. Clindinin v. GrahamSupreme Court of Iowa · 1937

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