Iowa County v. Foster
Supreme Court of Iowa
Appeal from Washington District Court. The petition of plaintiff, filed on the 8th day of January, 1877, in the first count alleges in substance that on the 10th day of February, 1853, Charles Foster executed to Martin Ballard a mortgage upon the south-east quarter of section 15, in township 77, range No. 8 west, in Washington county, to secure the sum of three hundred and seventy-five dollars, on that day borrowed of the school fund by said Foster, to become due in five…
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Appeal from Washington District Court. The petition of plaintiff, filed on the 8th day of January, 1877, in the first count alleges in substance that on the 10th day of February, 1853, Charles Foster executed to Martin Ballard a mortgage upon the south-east quarter of section 15, in township 77, range No. 8 west, in Washington county, to secure the sum of three hundred and seventy-five dollars, on that day borrowed of the school fund by said Foster, to become due in five years, for which sum Foster executed his promissory note, which has never been liquidated, but which has been destroyed.…
1Opinion of the CourtDay, J.
1. PKoMxssoiiY tioíiof°new" note' I. It is claimed by defendants that the three hundred and seventy-five dollar note secured by the mort§aSe of 1853 has been paid. The defendant introduced as a witness one G-. S. Nutterfee, who testified that he was present at Ballard’s, in Iowa county, sometime in the winter of 1854, when the three hundred and seventy-five dollar note waspaid in cash by Foster, and the note lifted and destroyed, and Ballard agreed that the mortgage should be cancelled as soon as he could have access to the books. Ballard, the school fund commissioner, who transacted the…
2Cases cited4 opinions
- Sloan v. RiceSupreme Court of Iowa · 1875
- Hawkes v. Dodge County Mut. Ins.Wisconsin Supreme Court · 1860
- Hardin v. BrannerSupreme Court of Iowa · 1868
- Curtis v. InghamSupreme Court of Vermont · 1829
3Cited by3 opinions
- French v. FrenchSupreme Court of Iowa · 1892
- Curtis v. BrowneMissouri Court of Appeals · 1895
- Dean v. RidgewaySupreme Court of Iowa · 1891