Johnson v. McGrew
Supreme Court of Iowa
Appeal from Clarice Circuit Court. On the 4th of March, 1873, the plaintiff filed his amended petition, in substance stating that on the 13th day of August, 1870, he sold to the defendant, R. F. McGrew, one hundred and sixty acres of laud for $1,600.; that McGrew delivered to plaintiff at the date of the purchase of said land a promissory note, executed to said McGrew by one Solomon Ritter, for the sum of $1,102, which note was secured by mortgage on a large amount of land…
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Appeal from Clarice Circuit Court. On the 4th of March, 1873, the plaintiff filed his amended petition, in substance stating that on the 13th day of August, 1870, he sold to the defendant, R. F. McGrew, one hundred and sixty acres of laud for $1,600.; that McGrew delivered to plaintiff at the date of the purchase of said land a promissory note, executed to said McGrew by one Solomon Ritter, for the sum of $1,102, which note was secured by mortgage on a large amount of land that had been sold and conveyed by Ritter to McGrew, the note being given for the purchase price of said land. That at…
1Opinion of the CourtDay, J.
I. The testimony is irreconcilably in conflict.
The plaintiff testifies : “ E. E. McGrew placed in my possession a note secured by mortgage oñ a farm that he sold to one Eitter, made by Solomon Eitter to E. F. McGrew or *558order, for the sum of $1102 * * * * * ; said note to be my property on the condition that he, McGrew, would redeem that part of the land included in a mortgage given by Ritter to secure the above stated note, said land having been sold for the payment of R. F. McGrew’s debts for the purchase of goods, on execution on judgments of Stine, Kramer & Co.; also, a judgment of…
2Cases cited4 opinions
- Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
- Pierson v. DavidSupreme Court of Iowa · 1855
- McDole v. PurdySupreme Court of Iowa · 1867
- Porter v. City of DubuqueSupreme Court of Iowa · 1866
3Cited by12 opinions
- Fisher v. ShropshireSupreme Court of the United States · 1893
- State Bank v. BrownSupreme Court of Iowa · 1909
- Shipley v. ReasonerSupreme Court of Iowa · 1893
- Larson v. MetcalfSupreme Court of Iowa · 1926
- Bigelow v. WilliamsSupreme Court of Iowa · 1972
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