Brewster v. Dryden
Supreme Court of Iowa
Appeal from Dallas Oiretdt Court. Action in chancery to foreclose a mortgage upon an elevator and certain chattels, as a boiler, engine, etc., executed to secure two promissory notes made by Dryden & Berry and payable to plaintiffs. Lee, as the assignee in bankruptcy of Dryden & Berry, intervenes, and, in addition to other relief, asks that judgment be rendered against plaintiffs on account of a note received by plaintiffs from the bankrupts Dryden & Berry.
Read the full summary
Appeal from Dallas Oiretdt Court. Action in chancery to foreclose a mortgage upon an elevator and certain chattels, as a boiler, engine, etc., executed to secure two promissory notes made by Dryden & Berry and payable to plaintiffs. Lee, as the assignee in bankruptcy of Dryden & Berry, intervenes, and, in addition to other relief, asks that judgment be rendered against plaintiffs on account of a note received by plaintiffs from the bankrupts Dryden & Berry. The Circuit Oourt entered a decree canceling the mortgage on the ground that it was given in contravention of, and was fraudulent under,…
1Opinion of the CourtBeck, J.
I. It is unncessary to state with particularity the pleadings filed after the petition.
One of the defendants, White, filed a cross-petition alleging that he had entered into a contract to purchase the mortgaged properly of Dryden & Berry, who have not performed their part of the agreement. Upon a ■ hearing of the issues joined on the cross-petition, a decree was entered rescinding and canceling the contract between White and Dryden & Berry.
Neither party appeals from this decree. No question pertaining to White’s cross-petition arises in the case before us.
II. The defendants Dryden & Berry, in…
2Cases cited3 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Wiswall v. CampbellSupreme Court of the United States · 1876
- Hecht, Reed & Co. v. SpringsteadSupreme Court of Iowa · 1879
3Cited by1 opinion
- Wetmore v. McMillanSupreme Court of Iowa · 1881