Currier v. Clark
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. Frank W. Eioi-ielberger, Judge. This is au action to foreclose a real estate mortgage against the administrator of the mortgagor, and against Eachel Clark, his widow, and others. There was a decree for the defendants, on the ground that the action was barred by the statute of limitations. —
1Opinion of the CourtEvans, J.
The mortgage in question purports to have been 'executed August 21, 1885, and purports to be signed by John Clark and Each el Clark. It was given to secure a note of even date for $1,000, due in five years. The petition alleged that on August 20, 1890, the time of payment was extended' for another period of five years by a written contract of extension, which was set forth as an .exhibit therein. Successive extension contracts were alleged in the petition and set forth as exhibits, the last being dated *615August 21, 1899, which extended the time of payment to August 21, 1901. The foreclosure…
2Cases cited12 opinions
- Riley v. RileySupreme Court of Alabama · 1860
- Johnston v. JicklingSupreme Court of Iowa · 1909
- Harris v. HarrisCalifornia Supreme Court · 1881
- Herrick v. MusgroveSupreme Court of Iowa · 1885
- Bailey, Wood & Co. v. LandinghamSupreme Court of Iowa · 1880
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3Cited by18 opinions
- American Savings Bank & Trust Co. v. HelgesenWashington Supreme Court · 1911
- Hynes v. HalsteadMichigan Supreme Court · 1937
- Northwestern Mutual Life Insurance v. BlohmSupreme Court of Iowa · 1931
- Springhorn v. SpringerMontana Supreme Court · 1926
- Roberts v. RobertsSupreme Court of Iowa · 1916
13 more not listed; retrieve them via the Exa API.