Nashua Trust Co. v. W. S. Edwards Manufacturing Co.
Supreme Court of Iowa
Appeal from Pottaioattamie District Court. — Hon. Walter I. Smith, Judge. This action in equity was commenced May 2, 1892, to recover judgment on one coupon bond, and for a decree foreclosing a mortgage executed to secure tbe payment of the same. The defendant, the W. S. Edwards Manufacturing Company, answered, setting up a certain decree rendered in its favor in another action.
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Appeal from Pottaioattamie District Court. — Hon. Walter I. Smith, Judge. This action in equity was commenced May 2, 1892, to recover judgment on one coupon bond, and for a decree foreclosing a mortgage executed to secure tbe payment of the same. The defendant, the W. S. Edwards Manufacturing Company, answered, setting up a certain decree rendered in its favor in another action. The case was submitted as between these parties, and a decree rendered in favor of the plaintiff, from which the defendant, tbe W. S. Edwards Manufacturing Company, appeals.
1Opinion of the CourtGiven, J.
I. There is no dispute as to the facts out of which this contention grows, and they are as follows: On June 11, 1890, the defendants, Marcus C. Patrick and Viola Patrick, executed and delivered this bond and mortgage to the defendant, the KimballChamp Investment Company. The bond is for twenty-five thousand dollars, and payable “to the order of the Kimball-Champ Investment Company.” The mortgage is upon the south one hundred feet of lot 13, block 7, in Bayliss’ first addition to the city of Council Bluffs, Iowa, being fifty feet on First avenue, and running back same width one hundred feet,…
2Cases cited8 opinions
- Bank of the State v. AndersonSupreme Court of Iowa · 1863
- Bowling v. CookSupreme Court of Iowa · 1874
- Fletcher v. KellySupreme Court of Iowa · 1893
- Green v. DixonWisconsin Supreme Court · 1859
- Chase v. KaynorSupreme Court of Iowa · 1889
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