Crowley v. Harader
Supreme Court of Iowa
Appeal from, Adams Circuit Court. The plaintiff demands judgment against tbe defendant upon a promissory note for $250, executed by defendant on the first day of February, 1876, and due in five years. The -defendant interposed an equitable defense, and the cause appears to have been tried as in equity. There was a decree for the defendant. Plaintiff appeals. ■'
1Opinion of the CourtRothrock, J.
The material facts in the case are -as follows: In June, 1874, the defendant was the owner of certain real estate. He borrowed $167 of the school fund, and secured the payment of the same by a mortgage on his land. On the first day of February, 1876, he borrowed $250 of one Thomas, for which he gave the note in suit in this actiou, and secured the same by a second mortgage on said real estate. In March, 1876, the defendant sold the land to one Guile, and conveyed the same by warranty deed, except as to said mortgages, which were both excepted from the covenants in the deed, and the money they…
2Cited by4 opinions
- Moore v. OliveSupreme Court of Iowa · 1901
- McDonald v. MagirlSupreme Court of Iowa · 1896
- Hult v. TempleSupreme Court of Iowa · 1926
- Miller v. LittleNorth Dakota Supreme Court · 1917