Abbott v. Creal
Supreme Court of Iowa
Appeal from, Page Cvrcuit Court. This is an action for the foreclosure of a mortgage. The cause was referred to J. M. Bartholomew, Esq., who reported the facts as follows: 1. That on the 14th day of November, 1S77, the defendants, Cyrus Creal and' Jolm S. • Saulsbury, executed and delivered to plaintiff their promissory note as alleged in the petition.
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Appeal from, Page Cvrcuit Court. This is an action for the foreclosure of a mortgage. The cause was referred to J. M. Bartholomew, Esq., who reported the facts as follows: 1. That on the 14th day of November, 1S77, the defendants, Cyrus Creal and' Jolm S. • Saulsbury, executed and delivered to plaintiff their promissory note as alleged in the petition. And that there is due thereon the sum of $3,167.80, less $35.00, admitted in reply. 2. That to secure said note mortgages were given as set forth in the petition. 3. That at the time of the execution of all of the mortgages the defendant,…
1Opinion of the Court
Day, J. I.
It is conceded that Amanda Creal was not of sufficient mental capacity to contract, at the time the mortgage in question was executed. It is claimed by the *177appellants that the fifth finding of the referee is not supported by the evidence, and that Abbott had knowledge, sufficient at least to put him upon his guard, as to the mental incapacity of Amanda Creal, before the mortgage in question was accepted.We have examined the evidence upon this branch of the case carefully, and we unite in the conclusion that it does not support appellant’s position. Resides, there is no statement in…
2Cases cited1 opinion
- Behrens v. McKenzieSupreme Court of Iowa · 1867
3Cited by8 opinions
- Burch v. NicholsonSupreme Court of Iowa · 1912
- Edwards v. DavenportU.S. Circuit Court for the Southern District of Iowa · 1883
- Dean v. Estate of AtwoodSupreme Court of Iowa · 1927
- Morris v. HallWest Virginia Supreme Court · 1921
- Manhattan State Bank v. McLarenSupreme Court of Kansas · 1923
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