Peters v. Goodrich
Supreme Court of Iowa
Appeal from Poitawatlamvie District Court. — O. D. Wheeler, Judge. ActioN to recover on the mortgage assumption clause in a warranty deed. The defendant pleaded a want of consideration for assumption of the mortgage, and that the deed did not express the true contract between the parties, and prayed reformation of the deed. Decree for defendant, and plaintiff appeals.
1Opinion of the CourtFaville, J.
One Lingren was the owner of certain lands in Oteo County, Nebraska. On February 6, 1906, Lingren and his wife executed and delivered to appellant their certain promissory note for $4,000, due March 1, 1911, and secured the said note by a mortgage upon the said land. The mortgage was duly recorded, soon after its execution. Thereafter, the said real estate passed by a series of mesne conveyances to one Stahl. The latter conveyed the premises to the appellee by warranty deed, which deed contained the following clause, “Subject, however, to the mortgage indebtedness upon said land, of which the…
2Cases cited12 opinions
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- Livingston v. StevensSupreme Court of Iowa · 1903
- In re Listing & Assessing Property of Shields Bros.Supreme Court of Iowa · 1907
- Lee v. . AdsitNew York Court of Appeals · 1867
- Logan v. MillerSupreme Court of Iowa · 1898
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3Cited by25 opinions
- Shult v. DoyleSupreme Court of Iowa · 1925
- Nissen v. SabinSupreme Court of Iowa · 1927
- Iowa Home Mutual Casualty Co. v. Farmers Mutual Hail InsuranceSupreme Court of Iowa · 1955
- Coen & Conway v. Scott County Savings BankSupreme Court of Iowa · 1928
- Grimes Savings Bank v. McHargSupreme Court of Iowa · 1937
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