Foley v. Howard
Supreme Court of Iowa
Appeal from the Scott District Court. In Chancery. The bill charges that on the 14th of April, 1851, complainant purchased of one Ibbotson, a certain part of out-lot 32 in the city of Davenport; and that Ibbotson then had a deed from Michael Howard for the property, and had executed to said Howard a mortgage, dated January 6, 1851, to'secure the sum of eighty dollars, according to the tenor of certain promissory notes, which are fully described.
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Appeal from the Scott District Court. In Chancery. The bill charges that on the 14th of April, 1851, complainant purchased of one Ibbotson, a certain part of out-lot 32 in the city of Davenport; and that Ibbotson then had a deed from Michael Howard for the property, and had executed to said Howard a mortgage, dated January 6, 1851, to'secure the sum of eighty dollars, according to the tenor of certain promissory notes, which are fully described. It is further stated that this deed from Howard to Ibbotson has been lost; that the mortgage was delivered to Howard, accepted and filed for record…
1Opinion of the Court
Wri&ht, C. J.
Upon one ground, at least, we feel quite clear that this decree must be affirmed.
It will be observed that the allegations of the bill, that Michael Howard conveyed the land to Ibbotson, and that Ibbotson made a mortgage to Howard, which was accepted and recorded by him, are each distinctly and definitely denied by the- answers. These answers, it is true, are not sworn to ; but the execution of the deed and mortgage, and their delivery, are affirmed by complainants. These affirmations are denied, and the burthen of proof rests with the party affirming. The title is found in…
2Cited by11 opinions
- Newton & Seeley v. BealerSupreme Court of Iowa · 1875
- Stiles v. BreedSupreme Court of Iowa · 1911
- Cecil v. BeaverSupreme Court of Iowa · 1869
- Robinson v. GouldSupreme Court of Iowa · 1868
- Day v. GriffithSupreme Court of Iowa · 1863
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