First National Bank of Sigourney v. Woodman
Supreme Court of Iowa
Appeal from Keolcuh District Court. — Hon. David Ryan, Judge. The defendant Elizia K. Woodman is the executrix of the estate of Mrs. M. M. Howe, deceased. On the first day of December, 1876, one John Q. Howard made to A. J. Kane his two promissory notes, aggregating-one thousand two hundred and thirty-nine dollars and two cents, and secured the same by mortgage on real estate in Keokuk county.
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Appeal from Keolcuh District Court. — Hon. David Ryan, Judge. The defendant Elizia K. Woodman is the executrix of the estate of Mrs. M. M. Howe, deceased. On the first day of December, 1876, one John Q. Howard made to A. J. Kane his two promissory notes, aggregating-one thousand two hundred and thirty-nine dollars and two cents, and secured the same by mortgage on real estate in Keokuk county. Both of these notes matured, by their terms, January 4, 1878. On the twenty-fourth day of March 1877, these notes were sold to Mrs. M. M. Howe, the negotiations on her part being conducted by her agent,…
1Opinion of the CourtGranger, J.
I. It will be seen from the statement of facts that the Kane debt, which is that of appellant, is barred by the statute of limitations, *671because more than ten years elapsed after the maturity of the last note before action, and also before the mortgages of the banks and Bedhead, Norton, Lathrop & Co. were taken. I-f the statute of limitations is available for these mortgages, the judgment is correct, unless the cause of action on the note and mortgage of Mrs. Howe had been revived. The revivor is claimed because of certain letters from the debtor, Howard, to Treat, who was at all times the…
2Cases cited12 opinions
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- Penley v. WaterhouseSupreme Court of Iowa · 1856
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3Cited by22 opinions
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