Sypher v. McHenry
Supreme Court of Iowa
Appeal from Polh District Court. On the 4th of May, 1857, plaintiff borrowed of one Robertson three thousand dollars, and, to secure the same, executed a deed of trust on certain property in tbe city of Des Moines. W. H. McHenry was named as the trustee, and was authorized to sell the property upon certain terms and conditions in tbe said deed mentioned.
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Appeal from Polh District Court. On the 4th of May, 1857, plaintiff borrowed of one Robertson three thousand dollars, and, to secure the same, executed a deed of trust on certain property in tbe city of Des Moines. W. H. McHenry was named as the trustee, and was authorized to sell the property upon certain terms and conditions in tbe said deed mentioned. Tbe contract was tainted with usury, and this was known to tbe defendants, who are partners in tbe practice of law, and who drew tbe trust-deed, and afterwards purchased tbe said indebtedness from the said Eobertson. In September, 1860, tbe…
1Opinion of the Court
Weight, Ch. J.
Tbe fact that tbe contract between plaintiff and Eobertson was tainted with usury is admitted, and knowledge thereof on tbe part of defendants is not contested. No question is made as to tbe tender, nor as to tbe right of plaintiff to redeem, if for any cause tbe sale made by tbe trustee to bis co-defendant'shall be held to be invalid. So that all our inquiries are to be confined to this part of tbe case; it being, in effect, admitted, that if this was regular, and in accordance with tbe power conferred upon tbe trustee, tbe bill should be dismissed, and tbe purchaser remain…
2Cases cited10 opinions
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- Wormley v. WormleySupreme Court of the United States · 1823
- Prevost v. GratzSupreme Court of the United States · 1821
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Davoue v. FanningNew York Court of Chancery · 1816
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3Cited by9 opinions
- Read v. HoweSupreme Court of Iowa · 1874
- Linsley v. StrangSupreme Court of Iowa · 1910
- Anderson v. TelsrowSupreme Court of Iowa · 1946
- In Re Estate of HolleySupreme Court of Iowa · 1930
- Riordan v. RiordanSupreme Court of Iowa · 1933
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