Henry v. Evans
Supreme Court of Iowa
Appeal from Harrison District Court. The plaintiff commenced, this action to foreclose a mortgage upon certain real estate. J. C. Evans the mortgagor was made a party defendant, Washington Noyes was also made a defendant, and it was averred that plaintiff was informed and believed that said Noyes claimed to have some interest in the mortgaged property, but the claim of Noyes was junior and inferior to plaintiff’s mortgage.
Read the full summary
Appeal from Harrison District Court. The plaintiff commenced, this action to foreclose a mortgage upon certain real estate. J. C. Evans the mortgagor was made a party defendant, Washington Noyes was also made a defendant, and it was averred that plaintiff was informed and believed that said Noyes claimed to have some interest in the mortgaged property, but the claim of Noyes was junior and inferior to plaintiff’s mortgage. Noyes'answered averring his want of information and belief as to the execution of plaintiff’s mortgage, and setting up a claim to the property arising out of certain…
1Opinion of the CourtEothrook, J.
1. PRACTICE: foreclosure of mortgage: pleadings. Copies of the note and mortgage were attached to petition as exhibits. The signatures thereto were not denied under oath. It was not therefore in-cumhent on the plaintiff to show that the signatures were genuine. It appears that under these circumstances the genuineness of the signatures is tobe deemed admitted. Code, § 2730. It is therefore wholly immaterial whether the note and mortgage were formally introduced in evidence or not. There was no issue as to the genuineness of the signatures thereto. This disposes of one matter of which there…
2Cited by1 opinion
- In re the Guardianship of JohnsonSupreme Court of Iowa · 1893