Boice v. Coffeen
Supreme Court of Iowa
Appeal from Winneshiek District Court. — Hon. L. E. Fellows, Judge. Suit in equity to foreclose a mortgage on real estate. The original mortgagor was one Steele. Steele conveyed the real estate to Coifeen, who assumed the mortgage. Coffeen conveyed to Mullaney, who also assumed the mortgage. Mullaney conveyed with full covenants of warranty to one Loomis. Loomis conveyed by special warranty deed “by, through, or under” him to Jensen, who is the present owner of the property.
Read the full summary
Appeal from Winneshiek District Court. — Hon. L. E. Fellows, Judge. Suit in equity to foreclose a mortgage on real estate. The original mortgagor was one Steele. Steele conveyed the real estate to Coifeen, who assumed the mortgage. Coffeen conveyed to Mullaney, who also assumed the mortgage. Mullaney conveyed with full covenants of warranty to one Loomis. Loomis conveyed by special warranty deed “by, through, or under” him to Jensen, who is the present owner of the property. Loomis and Steele are not parties. Both Coffeen and Jensen filed separate cross-bills. The cross-bill of the defendant…
1Opinion of the CourtEvans, J.
The amount of the mortgage in question was originally $1,000. Its principal was reduced by payment to $880. The mortgagee was the Winneshiek County Bank. The plaintiff acquired the note and mortgage by assignment and indorsement "without recourse.” The validity of this assignment is assailed by defendant Jensen. We pass that question to a later stage of the discussion; and we will first consider the case as though the plaintiff were the original payee of the note and mortgage. In his cross-bill Coffeen asked that his liability be deemed secondary to that of Mullaney and to that of the…
2Cases cited8 opinions
- Malanaphy v. Fuller & Johnson Mfg. Co.Supreme Court of Iowa · 1904
- Watson v. ChesireSupreme Court of Iowa · 1865
- Bixby v. CarskaddonSupreme Court of Iowa · 1881
- Newburn v. LucasSupreme Court of Iowa · 1904
- Mischke v. BaughnSupreme Court of Iowa · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Woods v. SchmittSupreme Court of Iowa · 1989
- Pearson v. RichardsOregon Supreme Court · 1922
- State v. BrunsSupreme Court of Iowa · 1930
- McCarthy v. KurkjianCalifornia Court of Appeal · 1924
- Tukey v. FosterSupreme Court of Iowa · 1912
9 more not listed; retrieve them via the Exa API.