Hayward v. Munger
Supreme Court of Iowa
Appeal from Scott District Court. Hayward borrowed of Yail one thousand dollars, and executed a trust deed to Powers'upon a certain tract of land to secure said loan. Powers died, and Munger, by tbe order of the County Court, was substituted as trustee. The said trustee was about to sell the land when Hayward brought this bill, upon the ground that he ha'd paid and tendered all that was owing upon said debt. Decree for complainant, and respondent appeals.
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Appeal from Scott District Court. Hayward borrowed of Yail one thousand dollars, and executed a trust deed to Powers'upon a certain tract of land to secure said loan. Powers died, and Munger, by tbe order of the County Court, was substituted as trustee. The said trustee was about to sell the land when Hayward brought this bill, upon the ground that he ha'd paid and tendered all that was owing upon said debt. Decree for complainant, and respondent appeals. I. The tender was not made to the right person, the holder of the note or his attorney. Dunlap’s Paley’s Agency, 274. II. The tender was…
1Opinion of the CourtWright, J.
Complainant negotiated the loan with Tail-man, Powers & McLean, who, it seems, were acting as the agents of Mail; and Powers, of said firm, was the trustee named in the deed. The money was borrowed April 1, 1857, for one year, complainant agreeing to pay interest at the rate of from twenty-three to twenty-five per centum. He paid $240 April 1, 1858, and $100 in June, 1859. As to these payments there is no controversy. It is also conceded that before the commencement of this action he offered in writing to pay $315; said offer being made to Munger, the trustee. Complainant alscr claims that he…
2Cases cited2 opinions
- Rutherford v. HavenSupreme Court of Iowa · 1861
- Mohn v. StonerSupreme Court of Iowa · 1860
3Cited by15 opinions
- McManus v. MorganWashington Supreme Court · 1905
- Watson v. ChapmanSupreme Court of Iowa · 1952
- Rosenthal v. RamboIndiana Supreme Court · 1905
- Jones v. HartsockSupreme Court of Iowa · 1875
- McWhirter v. CrawfordSupreme Court of Iowa · 1897
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