Bahr v. Arndt
Supreme Court of Iowa
Appeal from Scott District Court. This was a proceeding to foreclose a mortgage. Defendants demurred to the petition. The demurrer was overruled and from this order they appeal. The other facts appear in the opinion of the Court.
1Opinion of the CourtWright, C. J.
The note made by defendant, Arndt, to plaintiff, is dated August 4th, 1857, and due ten years from date, with interest at ten per cent payable annually. The mortgage was given to secure this note, and is conditioned that the maker of the note, shall pay the same when it becomes due, “with interest thereon at the rate of ten per cent per annum from date, payable annually, according to the tenor and effect of said note.” Plaintiff seeks to recover the interest due August 4th, 1858, and a sale of the mortgaged premises, or so much thereof as may be necessary, to satisfy the amount found to be…
2Cited by2 opinions
- Amy v. DubuqueSupreme Court of the United States · 1879
- Hershey v. HersheySupreme Court of Iowa · 1864