Franklin v. Twogood
Supreme Court of Iowa
Appeal from Benton District Court. This is an action to foreclose a mortgage made by tbe defendant to the Racine and Mississippi Railroad Company, on tbe 21st day of May, 1856, to secure tbe payment of a note of same date, also executed by tbe defendant to tbe same party or order, for tbe sum of two thousand dollars, payable five years from tbe 10th day of May, 1856, with ten per cent interest annually.
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Appeal from Benton District Court. This is an action to foreclose a mortgage made by tbe defendant to the Racine and Mississippi Railroad Company, on tbe 21st day of May, 1856, to secure tbe payment of a note of same date, also executed by tbe defendant to tbe same party or order, for tbe sum of two thousand dollars, payable five years from tbe 10th day of May, 1856, with ten per cent interest annually. Tbe note and mortgage were executed in Winnebago county, State of Illinois, and made payable at Racine, in Wisconsin, and belong to that class of instruments known in the latter State as “farm…
1Opinion of the CourtCole, J.
1. Practice: pleading over. —I. The defendant demurred to the plaintiff’s petition, which demurrer was overruled, and thereupon defendant filed his answer. The defendant now assigns the overruling of the demurrer as error, The f[hng Gf ail answer was a waiver to any exception to the ruling on the demurrer, and such ruling cannot properly he assigned as error or made available as such in this court.
2. Pleadings: assignment. II. The defendant moved to strike out of the plaintiff’s petition the copy of the railroad bond containing the assignment of the note and mortgage sued on, as set out in…
2Cases cited4 opinions
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
- Clark v. FarringtonWisconsin Supreme Court · 1860
- Partridge v. DavisSupreme Court of Vermont · 1848
- Pilmer v. Branch of State BankSupreme Court of Iowa · 1864
3Cited by16 opinions
- First National Bank v. McCulloughOregon Supreme Court · 1908
- State Security Bank v. HoskinsSupreme Court of Iowa · 1906
- Bange v. FlintWisconsin Supreme Court · 1870
- Bishop v. ChaseSupreme Court of Missouri · 1900
- First National Bank v. HenryIndiana Supreme Court · 1900
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