Morris v. Sargent
Supreme Court of Iowa
Appeal from Johnson District Court. On tbe 16th of April, 1859, Martin L. Morris made his eleven promissory notes, payable to the order of himself, amounting in the aggregate to the sum of eleven thousand two hundred and fifty dollars. These notes were negotiated to the respondents, the Merchants’ Bank of Boston, and the money received thereon appropriated to the use and benefit of said Morris.
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Appeal from Johnson District Court. On tbe 16th of April, 1859, Martin L. Morris made his eleven promissory notes, payable to the order of himself, amounting in the aggregate to the sum of eleven thousand two hundred and fifty dollars. These notes were negotiated to the respondents, the Merchants’ Bank of Boston, and the money received thereon appropriated to the use and benefit of said Morris. To secure these notes a deed of trust was executed, purporting to be signed by said Morris and his wife Sarah J., to George B. Sargent, authorizing the sale of the real estate therein mentioned upon…
1Opinion of the Court
Wright, Ch. J.
Did the complainant, Sarah J. Morris, sign and execute the trust deed of April 16, 1859? When we have decided this question, there remains, in our opinion, but little else to consider. For, if she did, the whole gravamen of complainant’s 'bill falls to the ground, and the decree 'below should be affirmed. If she did not, her interest is not affected by such conveyance; the deed did not encumber the homestead in whole or in part, and the decree should be reversed. Other questions arise, if it should be proved that she did not execute the deed, but they present but little…
2Cases cited3 opinions
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
- Lucas v. HartSupreme Court of Iowa · 1857
- Sharp v. BaileySupreme Court of Iowa · 1862
3Cited by29 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Rowell v. KleinIndiana Supreme Court · 1873
- Moog v. StrangSupreme Court of Alabama · 1881
- Gribben v. ClementSupreme Court of Iowa · 1909
- Haggerty v. BrowerSupreme Court of Iowa · 1898
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