Fort v. Colby
Supreme Court of Iowa
Appeal from'-Wright District Court. — Hon. C. GL Lee, Judge. Action in equity to declare the conveyance of certain lands to be a mortgage, and to permit plaintiff to redeem therefrom. It is also prayed that defendants be required to account for rents and profits of said lands. There was a trial to the court, and decree for the plaintiff, permitting him to redeem, and finding defendants chargeable with certain rents and profits.
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Appeal from'-Wright District Court. — Hon. C. GL Lee, Judge. Action in equity to declare the conveyance of certain lands to be a mortgage, and to permit plaintiff to redeem therefrom. It is also prayed that defendants be required to account for rents and profits of said lands. There was a trial to the court, and decree for the plaintiff, permitting him to redeem, and finding defendants chargeable with certain rents and profits. From the granting of this relief, the defendants Colby have appealed. In settling the account for rents and profits, the court allowed the defendants credit for…
1Opinion of the CourtWeaver, C. J.
The business transactions between the parties began in June, 1901. Prior to that time they had no personal acquaintance. Plaintiff was then the owner of 4,449 acres of land, of which 340 acres were situated in Illinois, and the remainder in the counties- of Marshall, Wright, and Dickinson, in Iowa. He had become involved in great financial difficulties. His lands were heavily incumbered by mortgage. One or more of the mortgages had been foreclosed; but the time of redemption had not yet expired. There were also judgment liens to be cared for and other outstanding indebtedness. His personal…
2Cases cited42 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Russell v. SouthardSupreme Court of the United States · 1851
- Villa v. RodriguezSupreme Court of the United States · 1871
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Davis v. DemmingWest Virginia Supreme Court · 1877
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3Cited by39 opinions
- John Griffiths & Son Co. v. National Fireproofing Co.Illinois Supreme Court · 1923
- Lovlie v. PlumbSupreme Court of Iowa · 1977
- Dickens v. HestonIdaho Supreme Court · 1933
- Davis v. WilsonSupreme Court of Iowa · 1946
- Guttenfelder v. IebsenSupreme Court of Iowa · 1941
34 more not listed; retrieve them via the Exa API.