Gillett v. Hill
Supreme Court of Iowa
Appeal from Tama District Cowrt. This action was commenced on the 3d day of March, 1810, to foreclose a mortgage upon the south-east quarter and the east half of the north-east quarter of section 19, township 85, range 13 west, in Tama county, Iowa.
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Appeal from Tama District Cowrt. This action was commenced on the 3d day of March, 1810, to foreclose a mortgage upon the south-east quarter and the east half of the north-east quarter of section 19, township 85, range 13 west, in Tama county, Iowa. The mortgage was made January 30, 1857, by the defendant, George R. Hill, to one Henry W. Collins, to secure the payment of three notes of the same date, made by said Hill to Collins or order, of $360 each, payable in one, two and three years, respectively, with eight per cent interest, payable annually. The notes were dated at Janesville,…
1Opinion of the CourtCole, J.
1. Statute oe pleading. ' I. Our statute provides (Rev., § 2746): “ But when a cause of action has been fully barred by tha laws of any country where the defendant has previously resided, such bar shall be the same defense here as though it had arisen under the provisions of this chapter.” “But this section shall not apply to causes of action arising within this State,” is added by amendment. , Laws of 1870, ch. 167, § 10.
So far as is shown by the answers, a right of action upon the mortgage for its foreclosure still exists in the State of New York. It does not, therefore, appear from the…
2Cases cited3 opinions
- Borst v. . CoreyNew York Court of Appeals · 1857
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Petchell v. HopkinsSupreme Court of Iowa · 1865
3Cited by4 opinions
- Curtis v. ArmagastSupreme Court of Iowa · 1912
- Richardson v. MacKaySupreme Court of Oklahoma · 1896
- Vogt v. MillerSupreme Court of Iowa · 1979
- Lilly-Brackett Co. v. SonnemannCalifornia Supreme Court · 1910