Barney v. Miller
Supreme Court of Iowa
Appeal from, Lee District Court. Action to foreclose a mortgage given by tbe defendant to Charles Mason, to secure the payment of the purchase-money agreed to be paid for the mortgaged property — part of lot six in block four in the city of Keokuk. Mason conveyed the property to Miller by deed of general warranty, &c., on the same day the mortgage was executed.
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Appeal from, Lee District Court. Action to foreclose a mortgage given by tbe defendant to Charles Mason, to secure the payment of the purchase-money agreed to be paid for the mortgaged property — part of lot six in block four in the city of Keokuk. Mason conveyed the property to Miller by deed of general warranty, &c., on the same day the mortgage was executed. There were no notes given, but the mortgage itself was assigned to plaintiff by a separate instrument, before any breach. The cause was tried by the second method, to a jury, who returned a verdict for the defendant. The plaintiff…
1Opinion of the CourtCole, J.
1. Half Breed Tract: decree. I. The plaintiff introduced the mortgage made ^7 defendant to Mason, and instrument of assignment thereof by Mason to plaintiff, and rested his case.
The defendant read in evidence a deposition showing the actual possession of the property in controversy to have been for many years in a grantee of the title adverse to. Mason’s, and then offered to read in evidence the power of *464attorney made by Lee and others to Aiken and Little, and the deed made thereunder by the attorneys in fact to Isaac Galland. To the introduction of these instruments the plaintiff objected,…
2Cases cited4 opinions
- Mason v. MessengerSupreme Court of Iowa · 1864
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1814
- Moore v. Jackson ex dem. ErwinCourt for the Trial of Impeachments and Correction of Errors · 1829
- Jackson ex dem. Elmendorf v. JacksonNew York Supreme Court · 1810
3Cited by15 opinions
- Stephen Putney Shoe Co. v. Richmond, Fredericksburg & Potomac RailroadSupreme Court of Virginia · 1914
- Pingrey v. RulonIllinois Supreme Court · 1910
- Plummer v. GouldMichigan Supreme Court · 1892
- Hornet v. DumbeckIndiana Court of Appeals · 1906
- Largey v. SedmanMontana Supreme Court · 1880
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