Wadsworth v. Nevin
Supreme Court of Iowa
Appeal from Linn Circuit Cou/rt. Action in chancery to foreclose a mortgage. Upon the final hearing on the merits, the circuit court rendered a decree foreclosing the mortgage, but refused to render a personal judgment against the mortgagor; but such refusal is declared to be without prejudice to a future action, should it be brought by plaintiff, to recover a personal judgment against defendant. Plaintiff appeals.
1Opinion of the CourtBeok, J.
1. The defendants in their answer allege that the mortgage which plaintiff seeks to foreclose in this action, and the notes secured thereby, upon which plaintiff asks for a personal judgment, were executed to secure a part of the purchase-money of the land described in the mortgage, the remainder having been paid at the time of the purchase. They aver that plaintiff claimed title to the property; that through fraud or mistake he executed and delivered to defendant, William Nevin, a quit-claim deed for the property, which, through haste and inattention, was accepted by defendants, who did not…
2Cited by3 opinions
- Omlie v. O'TooleNorth Dakota Supreme Court · 1907
- Brown v. MartinSupreme Court of Iowa · 1919
- Cottrell v. PiattSupreme Court of Iowa · 1897