Kendig v. Marble
Supreme Court of Iowa
Appeal from Butler Circuit Court. Action to foreclose a mortgage. There was a decree granting the relief prayed for in the petition, from which defendant appeals. The facts of the case are fully set out in the petition. The case has before been in this court. See 55 Iowa, 386.
1Opinion of the CourtBeck, J.
The petition prays for the foreclosure, of a mortgage given to secure a- promissory note, upon which, subsequent to the execution of the mortgage, a judgment by *530confession was rendered in the court wherein this action was brought.
The answer admits the execution of the note and mortgage and the cognovit upon which the judgment by confession is based. But defendant alleges that the sum of money for which-the judgment was rendered was not, and is not, due, as stated therein, and in the cognovit, which was signed by him upon representations made by the holders of the note, at a time and under…
2Cases cited4 opinions
- Vanfleet v. PhillipsSupreme Court of Iowa · 1861
- Miller v. ClarkeSupreme Court of Iowa · 1873
- Edgar v. GreerSupreme Court of Iowa · 1858
- Twogood v. PenceSupreme Court of Iowa · 1867
3Cited by4 opinions
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Ruckdeschall v. SeibelSupreme Court of Virginia · 1919
- Dullard v. PhelanSupreme Court of Iowa · 1891
- Stoddard v. LloydSupreme Court of Iowa · 1890