Gilbert v. Gilbert
Supreme Court of Iowa
Appeal from Scott District Court. Suit in equity to foreclose a trust deed, and to bar conflict-' ing equities. The defendants are Elias S. Gilbert, a brother of plaintiff, and who is made defendant in his individual capacity, and also in his capacity as executor and trustee under the will of Caroline E. P. .Gilbert, deceased, who was formerly his wife, Cyrus Pitt Gilbert and Carra Glenn Gilbert, children of said Elias S. and Caroline, and devisees of the latter, and Edwin…
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Appeal from Scott District Court. Suit in equity to foreclose a trust deed, and to bar conflict-' ing equities. The defendants are Elias S. Gilbert, a brother of plaintiff, and who is made defendant in his individual capacity, and also in his capacity as executor and trustee under the will of Caroline E. P. .Gilbert, deceased, who was formerly his wife, Cyrus Pitt Gilbert and Carra Glenn Gilbert, children of said Elias S. and Caroline, and devisees of the latter, and Edwin W. Gilbert, also a brother of plaintiff. The pleadings raise the issue as to the validity of plaintiff’s notes and trust…
1Opinion of the CourtCole, J.
On October 29,1861, Caroline E. P. Gilbert, who was then the owner of the real estate in controversy, together with Elias S. Gilbert, her husband, executed a deed of trust *658thereon to Austin Corbin, trustee, to secure eleven promissory notes payable to W. P. Wheeler, or order, to-wit: one for $7,000, due in five'years, with ten per cent, interest after maturity, and ten notes each for $350, payable respectively at the expiration of each successive six months, with like interest after maturity, they being for the accruing interest on the principal sum. The deed of trust was duly recorded…
2Cited by16 opinions
- Crippen v. ChappelSupreme Court of Kansas · 1886
- Union Mortgage, Banking & Trust Co. v. Peters & TrezevantMississippi Supreme Court · 1895
- Milholland v. TiffanyCourt of Appeals of Maryland · 1886
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- Thompson v. Connecticut Mutual Life InsuranceIndiana Supreme Court · 1894
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