Clinton County v. Cox
Supreme Court of Iowa
Appeal from Clinton JDist/rict Court. Wednesday, December 10. Action in chancery instituted by plaintiff to foreclose a mortgage upon lands in Clinton county. Everhart, who purchased the land from Cox, was made a defendant.
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Appeal from Clinton JDist/rict Court. Wednesday, December 10. Action in chancery instituted by plaintiff to foreclose a mortgage upon lands in Clinton county. Everhart, who purchased the land from Cox, was made a defendant. Butterfield filed a cross-petition setting out that Cox, the grantor in the mortgage in suit, on the 6th day of November, 1857, executed to him a deed of trust to secure certain notes before given, and since the 1st day of June, 1865, has been a non-resident of the State. The cross-petition asks that the deed of trust be foreclosed against the land. Everhart demurred to…
1Opinion of the Court
Beck, Ch. J.
The facts upon which the only question involved in this case arises are these: The deed of trust and notes held by Butterfield were executed more than ten years prior to the commencement of the suit, but Cox, who executed them, has been a non-resident of the State for a sufficient time to take an action against him upon the notes out of the operation of the statute of limitations. Rev., § 2745. A deed of trust to secure the payment of money is enforced by foreclosure as a mortgage. .Rev., § 3673. Counsel agree that, in this case, it is to be considered as a mortgage. Is…
2Cases cited2 opinions
- Gower v. WinchesterSupreme Court of Iowa · 1871
- Zorger v. Township of RapidsSupreme Court of Iowa · 1872
3Cited by28 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Balch v. ArnoldWyoming Supreme Court · 1899
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
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