Heuser v. Sharman
Supreme Court of Iowa
Appeal from Polh District Court. — Hon. C. P. Holmes, Judge. This is an action in equity by wbicb the plaintiff seeks to set aside and cancel the satisfaction and discharge of a bond and mortgage upon certain real estate, and a decree that the plaintiff is the owner of said instruments, and that said mortgage is a valid lien on said real estate.
Read the full summary
Appeal from Polh District Court. — Hon. C. P. Holmes, Judge. This is an action in equity by wbicb the plaintiff seeks to set aside and cancel the satisfaction and discharge of a bond and mortgage upon certain real estate, and a decree that the plaintiff is the owner of said instruments, and that said mortgage is a valid lien on said real estate. It is also prayed that upon the restoration of said mortgage to the record, and the cancellation of the discharge of said bond, the said mortgage be foreclosed. There was a hearing upon the merits, and a decree dismissing the petition, and the…
1Opinion of the CourtRothrock, J.
The facts material to a determination of the questions involved are not in dispute, and are as follows: J. P. Sharman and the defendant, Marion Sharman, are husband and wife, and for a long • time prior to the execution of the mortgage in controversy in this suit they had a homestead, consisting of a dwelling house situated on a lot in the city of Des Moines. The title to the property was in the defendant, Marion Sharman. On the twenty-sixth day of September, 1885, the said Sharman and wife executed and delivered to the New England Loan & Trust Company a mortgage upon said homestead to secure…
2Cases cited8 opinions
- Crippen v. ChappelSupreme Court of Kansas · 1886
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
- Levy v. MartinWisconsin Supreme Court · 1880
- Cobb v. DyerSupreme Judicial Court of Maine · 1879
- Detroit Fire & Marine Insurance v. AspinallMichigan Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Leach v. Commercial Savings BankSupreme Court of Iowa · 1927
- Kent v. BaileySupreme Court of Iowa · 1917
- Martin v. HickenlooperUtah Supreme Court · 1936
- Warford v. HankinsIndiana Supreme Court · 1898
- Hughes v. ThomasWisconsin Supreme Court · 1907
15 more not listed; retrieve them via the Exa API.