Moody v. Funk
Supreme Court of Iowa
Appeal from Calhoun District Court. — IIoN. J. P. CONNER, Judge. This is an action in equity, commenced to restrain the enforcement of a mortgage owned by defendant, Peter Punk, and judgments owned by defendant, H. J. Griswold, against land conveyed to plaintiff by the grantee of the mortgage and judgment debtors. The defendants named demurred to the petition.
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Appeal from Calhoun District Court. — IIoN. J. P. CONNER, Judge. This is an action in equity, commenced to restrain the enforcement of a mortgage owned by defendant, Peter Punk, and judgments owned by defendant, H. J. Griswold, against land conveyed to plaintiff by the grantee of the mortgage and judgment debtors. The defendants named demurred to the petition. The demurrers were overruled, and, the defendant Punk electing to stand upon his demurrer, judgment was rendered in favor of plaintiff, and Punk appeals.
1Opinion of the CourtRobinson, J.
The facts admitted by the pleadings which are material to a determination of this case are substantially as follows: One James J. Gordon was the owner of the eighty-acre tract of land in controversy from the eighth day of March, 1884, until the fifteenth day of 'November, 1886. On the date first named he executed a mortgage on the land in favor of the ¿Etna Life Insurance Company, to secure the sum of six hundred dollars. On the seventeenth day of the same month he executed a second mortgage to the defendant Punk, to secure the sum of two hundred dollars. On the fifteenth day of November,.…
2Cases cited6 opinions
- Clayton v. EllisSupreme Court of Iowa · 1879
- Dickey v. County of PolkSupreme Court of Iowa · 1882
- Todd v. DaveySupreme Court of Iowa · 1883
- Harms v. PalmerSupreme Court of Iowa · 1887
- Campbell v. MaginnisSupreme Court of Iowa · 1887
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3Cited by26 opinions
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- Call v. JeremiahOregon Supreme Court · 1967
- Wells v. OrdwaySupreme Court of Iowa · 1899
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