Lucas Thompson & Co. v. Pickel
Supreme Court of Iowa
Appeal from Henry District Court. . Mortgage foreclosure. — The mortgage was made July 9, 1858, by Pickel alone, upon the S. N. E. J, Sec. 9, T. 78, E. 7. The mortgagor was then married, and resided, with his family, on the forty acres immediately north of the west forty of this eighty, or the N. W. £ of said' N. E. £. The dwelling house and buildings were upon this forty; but the entire one hundred and twenty acres were used and cultivated as a farm.
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Appeal from Henry District Court. . Mortgage foreclosure. — The mortgage was made July 9, 1858, by Pickel alone, upon the S. N. E. J, Sec. 9, T. 78, E. 7. The mortgagor was then married, and resided, with his family, on the forty acres immediately north of the west forty of this eighty, or the N. W. £ of said' N. E. £. The dwelling house and buildings were upon this forty; but the entire one hundred and twenty acres were used and cultivated as a farm. The homestead was not, however, marked off by fixed or visible monuments, or otherwise; nor was any description or plat' thereof recorded. '…
1Opinion of the CourtWright, J.
1. pbomisBOBYNOTS: interest. That the court below erred in refusing to allow ten per cent on the note after its maturity, is expressly ruled in Hand v. Armstrong, 18 Iowa, 324. That ' ' case 1S decisive of trus question. Appellees do not suggest anything against that ruling. We see no reason to doubt its correctness, and to this extent, therefore, the decision below is reversed.
2. appeal: fr0nx (iscree. Appellees suggest that. the appeal is premature, inasmuch as there is another and necessary branch of the suit still pending and undetermined. We do not so * J understand the record. Defendant…
2Cases cited1 opinion
- Hand v. ArmstrongSupreme Court of Iowa · 1865
3Cited by11 opinions
- Recker v. GustafsonSupreme Court of Iowa · 1979
- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Barbour v. TompkinsWest Virginia Supreme Court · 1888
- Robinson v. HughesIndiana Supreme Court · 1889
- Gibson v. MundellOhio Supreme Court · 1876
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