Pangborn v. Westlake
Supreme Court of Iowa
Appeal from Jackson Qvrcmt Cowl. Action to foreclose a mortgage given by Westlake and wife to Pangborn, to secure tbe payment of the following note: “ $1,070. Maquoketa, March 13, 1871. “ One year after date I promise to pay to J. Pangborn, ten hundred and seventy dollars, with interest at the rate of ten per cent per annum, value received.
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Appeal from Jackson Qvrcmt Cowl. Action to foreclose a mortgage given by Westlake and wife to Pangborn, to secure tbe payment of the following note: “ $1,070. Maquoketa, March 13, 1871. “ One year after date I promise to pay to J. Pangborn, ten hundred and seventy dollars, with interest at the rate of ten per cent per annum, value received. This note is given as payment for lots Nos. 9, 10, 11,12,13 and 14, of Block No. 1, of J. Pangborn’s contemplated addition to the city of Maquoketa, Iowa; said addition is not yet recorded. “ Welling Westlake.” The mortgage was upon the same lots as…
1Opinion of the CourtCole, J.
— The single question presented by the demurrer is, whether the contract for the sale of a lot in a town or city, or addition thereto, the plat of which has not been recorded, is void, so that no right of action can be based thereon. Our statute enacts (Rev., § 1027): “ That any person or persons who shall dispose of, or offer for sale or lease, for any time, any out or in lots, in any town, or addition to any town or city, or any part thereof, which has been or shall hereafter be laid out, until the plat thereof has been duly acknowledged and recorded, as provided for in chapter él of the…
2Cases cited6 opinions
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Bemis v. BeckerSupreme Court of Kansas · 1862
- Lyon v. StrongSupreme Court of Vermont · 1834
- Downing v. RingerSupreme Court of Missouri · 1842
- State Bank v. DuttonWisconsin Supreme Court · 1860
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3Cited by76 opinions
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- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Miller v. AmmonSupreme Court of the United States · 1892
- Burck v. TaylorSupreme Court of the United States · 1894
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