Foy v. Armstrong
Supreme Court of Iowa
Appeal from Linn District Court. — How. H. M. Remley, Judge. 1 ■.In this action plaintiff seeks to subject certain land now belonging to defendants, the Armstrongs, who are husband and wife, to the payment of a mortgage executed by him to one Jackson prior to the conveyance of the same premises by him to the Armstrongs subject to said mortgage. This conveyance was in pursuance of an arrangement for the exchange of lands.
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Appeal from Linn District Court. — How. H. M. Remley, Judge. 1 ■.In this action plaintiff seeks to subject certain land now belonging to defendants, the Armstrongs, who are husband and wife, to the payment of a mortgage executed by him to one Jackson prior to the conveyance of the same premises by him to the Armstrongs subject to said mortgage. This conveyance was in pursuance of an arrangement for the exchange of lands. It is alleged that defendant Jackson never had any interest in said mortgage indebtedness, and that said mortgage is in face the property of the plaintiff; further, that the…
1Opinion of the CourtMcClain, J.
2 Plaintiff’s counsel assign errors, but, as tbe abstract is sucb as to entitle appellant to a trial de novo, and as bis counsel argue bis appeal on the theory that be is entitled to sucb trial, we need not consider tbe errors assigned, which relate to rulings on tbe introduction of evidence. Counsel for appellees have confined themselves in argument to questions of practice, tbe decision of which has become immaterial in view of tbe. ruling made by this court at tbe submission term striking appellees’ denial from tbe files. As we have not tbe advantage of an argument for appellees on tbe…
2Cases cited2 opinions
- Fuller & Co. v. HuntSupreme Court of Iowa · 1878
- Northwestern National Bank v. StoneSupreme Court of Iowa · 1896
3Cited by15 opinions
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- United States Bond & Mortgage Co. v. KeaheySupreme Court of Oklahoma · 1916
- Doran v. DoranSupreme Court of Iowa · 1909
- Hawn v. MaloneSupreme Court of Iowa · 1920
- Interstate Land & I. Co. v. LoganSupreme Court of Alabama · 1916
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