Busch v. Hall
Supreme Court of Iowa
Appeal from Union District Oourt. — Hon. W. H. Tedrord, Judge. Ella Hall was the owner of lot 5 in Devoe’s First addition to the city of Crestón, and, with her husband, John Hall, occupied it as their homestead. November 27, 1893, they executed a mortgage thereon to secure their three notes amounting to $2,500 to Adolphus Busch.
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Appeal from Union District Oourt. — Hon. W. H. Tedrord, Judge. Ella Hall was the owner of lot 5 in Devoe’s First addition to the city of Crestón, and, with her husband, John Hall, occupied it as their homestead. November 27, 1893, they executed a mortgage thereon to secure their three notes amounting to $2,500 to Adolphus Busch. No part of this indebtedness has been paid, and, notwithstanding the stipulation contained in the mortgage that the mortgagors shall pay the taxes, these became delinquent, and a tax deed was executed to W. H. Perrigo, the certificate holder, January 13, 1898. Four…
1Opinion of the CourtLadd, J.
i. cotjrx míe: ISent? ar right to open, Appellants’ abstract was filed December 3, 1901, and their argument September 2, 1902. Appellee filed an amendment to the abstract September 12, 1902, and his argument October 6th, following, though served on the 4th. The cause was as-signed for hearing October 9, 1902. The appellants claim that appellee was in default in not having served his argument ten days prior to the hearing, and asked for submission on the record as of that date. But, as the burden was on appellee, he had the right to open. He could waive this right “by serving notice in writing…
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