Legal Opinion

United States Bank v. Burson

Supreme Court of Iowa

Decided February 1, 1894PublishedCited by 7 opinions

Appeal from Warren District Court. — Hon. J. H. Henderson, Judge. Action on a note, and for the foreclosure of a mortgage securing the same. From a judgment and decree dismissing plaintiff’s hill, it appeals.

1Opinion of the CourtKinne, J.

I. October 15, 1881, the defendants executed to the United States Trust Company their note and mortgage for three hundred dollars. The loan was to be due December 1, 1884. The petition is in the usual form for foreclosure of a mortgage. After the note and mortgage was given, the United States Trust Company was merged into plaintiff. The answer pleads that the note and mortgage was fully paid about February, 1885, to one Hugh R. Creighton, as the agent of plaintiff, and that plaintiff refuses to cancel said mortgage of record. These facts are denied in a reply. The further facts disclosed on…

2Cases cited1 opinion

  1. Hirschl v. J. I. Case Threshing Machine Co.Supreme Court of Iowa · 1892

3Cited by7 opinions

  1. Ulen v. KnecttleWyoming Supreme Court · 1936
  2. Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1908
  3. Donaldson v. KenegySupreme Court of Iowa · 1924
  4. Hefferman v. BotelerMissouri Court of Appeals · 1901
  5. Walsh v. PetersonNebraska Supreme Court · 1900

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