Sutton v. Kelliher
Supreme Court of Iowa
Appeal from Sac District Gourt.-— Hon. S. M. Elwood, Judge. Suit iu equity to foreclose a mortgage executed by defendants Sutton to James Taylor to secure the payment of two notes aggregating over $1,700. Plaintiff, Kelliher, obtained the notes and mortgage from Taylor after maturity, and he makes the Suttons and numerous of their judgment-creditors parties defendant.
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Appeal from Sac District Gourt.-— Hon. S. M. Elwood, Judge. Suit iu equity to foreclose a mortgage executed by defendants Sutton to James Taylor to secure the payment of two notes aggregating over $1,700. Plaintiff, Kelliher, obtained the notes and mortgage from Taylor after maturity, and he makes the Suttons and numerous of their judgment-creditors parties defendant. One of these creditors, to wit, Fuller &'Johnson Manufacturing Company, appeared and answered, denying the validity of the mortgage, and filed a cross bill against Kelliher, in which it asked 'that the mortgage be declared…
1Opinion of the CourtDeemer, J.
*6351 *6362 3 *634Por many years prior to the time this controversy arose C. W. Sutton and Geo. W. Sutton were engaged in merchandising at Odebolt, Iowa, under the firm name of O. W. Sutton & Son. The title to lots 9, 10, and 11 in block 4 in said town appeared to be as follows: Lot 9 stood in the name of O. W. Sutton, lot 10 in the name of G. W. Sutton, and lot 11 in the name of O. W. Sutton & Son. On November 19, 1896, G. W.' Sutton conveyed -lot 10, upon which there was a brick store building, to Lucinda. Sutton, wife of C. W.; and on the same day O. W. Sutton & Son transferred their stock off…
2Cases cited8 opinions
- Clarke v. WhiteSupreme Court of the United States · 1838
- Lyman v. GedneyIllinois Supreme Court · 1885
- Starr Bros. v. StevensonSupreme Court of Iowa · 1894
- Rammelsberg v. MitchellOhio Supreme Court · 1875
- Beaman v. WhitneySupreme Judicial Court of Maine · 1841
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- Leach v. EdgertonSupreme Court of Iowa · 1926
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