Bristol Savings Bank v. Stiger
Supreme Court of Iowa
Appeal from Worth District Court. — Hon. George W. Ruddick, Judge. The plaintiff, as mortgagee, brought this action in the Worth district court, to foreclose a mortgage upon certain real estate in that county, executed to the plaintiff September 20,1886, by the defendant, H. J. Stiger, to secure the payment of one thousand, four hundred dollars, with interest. The plaintiff also asks personal .judgment against the defendants H. J. Stiger, A. S. Wilcoxen and Lowry Goode.
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Appeal from Worth District Court. — Hon. George W. Ruddick, Judge. The plaintiff, as mortgagee, brought this action in the Worth district court, to foreclose a mortgage upon certain real estate in that county, executed to the plaintiff September 20,1886, by the defendant, H. J. Stiger, to secure the payment of one thousand, four hundred dollars, with interest. The plaintiff also asks personal .judgment against the defendants H. J. Stiger, A. S. Wilcoxen and Lowry Goode. The defendant Stiger answered, admitting his liability, and'the defendants Wilcoxen and Goode each answered, denying any…
1Opinion of the CourtGiven, J.
The leading issue upon this appeal is •as to the personal liability of the defendants Wilcoxen ■and Goode. The case was submitted upon an agreed ■statement of facts, which shows the following: ' On .September 20, 1886, the defendant Stiger executed the mortgage in question to the plaintiff to secure the payment of one thousand, four hundred dollars, with interest. On November 11, 1887, Stiger entered into a written contract with Wilcoxen for the exchange of the mortgaged property for certain real estate in Deuel -county, Dakota. Thát agreement recites that Stiger has sold to Wilcoxen the land…
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