Elwell v. Kimball & Champ
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. N. W. Maoy, Judge. Suit in equity for the foreclosure of a trust deed. The Omaha National Bank, one of the defendants, filed an answer and cross-petition in which it was alleged that the trust deed was void. The decree sustained the claim set up in the answer and cross-bill, and the petition was dismissed. Plaintiff appeals.—
1Opinion of the CourtRothrock, C. J.
1 I. The case involves transactions of a partnership known by the firm name of Kimball & Champ, a corporation called the KimballChamp Investment Company, and other persons. There are a number of parties defendant. It is not necessary to set out their names. All necessary parties, including the said partnership and said corporation, were made defendants. The real contest, however, is between the plaintiff, who is the trustee named in the trust deed, and the Omaha National Bank. The case has not been argued in this court in behalf of any other party. The facts are quite voluminous, and the…
2Cases cited9 opinions
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Cadwell's Bank v. CrittendenSupreme Court of Iowa · 1885
- Fromme v. JonesSupreme Court of Iowa · 1862
- Southern White-Lead Co. v. HaasSupreme Court of Iowa · 1887
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3Cited by5 opinions
- First State Bank v. OelkeSupreme Court of Iowa · 1910
- Assignment of The Bloomfield Woolen Mills v. AllenderSupreme Court of Iowa · 1897
- Keene Five Cents Savings Bank v. ArcherSupreme Court of Iowa · 1899
- Eicher v. BairdSupreme Court of Iowa · 1927
- Creglow v. Creglow Bros.Supreme Court of Iowa · 1896