Benedict v. Hunt
Supreme Court of Iowa
Appeal from, Jones Circuit Court. On the 17th day of October, 1870, the plaintiff filed his petition in the circuit court of Jones county, averring that, “ on the 25th day of June, 1868, one O. H.' Pierce executed and delivered to plaintiff his certain promissory note for $250, of said date, payable to plaintiff October 1, 1869, with ten per cent interest; also, that said Pierce, at the same time, executed a mortgage on real estate in Monticello, Iowa, to secure said note.
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Appeal from, Jones Circuit Court. On the 17th day of October, 1870, the plaintiff filed his petition in the circuit court of Jones county, averring that, “ on the 25th day of June, 1868, one O. H.' Pierce executed and delivered to plaintiff his certain promissory note for $250, of said date, payable to plaintiff October 1, 1869, with ten per cent interest; also, that said Pierce, at the same time, executed a mortgage on real estate in Monticello, Iowa, to secure said note. That on the 18th day of June, 1870, the defendant purchased said real estate of said Pierce, subject to said mortgage,…
1Opinion of the CourtMiller, J.
l. practice: waiver of ruling. I. 'The appellant assigns as error the overruling of his motion for further time to'answer. Whether there was error in this ruling we need not ... - . ,7 determine, as by answering the petition the error, if any, was waived. See Rea v. Flathers, 31 Iowa, 545, and cases cited.
*302. moutgagb : assumption of by purchaser, II. The sustaining of the demurrer to the fourth, fifth and sixth paragraphs of the answer of the , , .A . , ,. defendant is assigned as the next errpr.
The first paragraph of the answer contained a general denial of the averments of the petition. The…
2Cases cited2 opinions
- Hayden ex rel. Adams v. AndersonSupreme Court of Iowa · 1864
- Rea v. FlathersSupreme Court of Iowa · 1871
3Cited by11 opinions
- Seaton v. GrimmSupreme Court of Iowa · 1899
- Clay v. WoodrumSupreme Court of Kansas · 1891
- Fish v. First Nat. BankCourt of Appeals for the Ninth Circuit · 1907
- Blair Town Lot & Land Co. v. WalkerSupreme Court of Iowa · 1879
- Edmunds v. NinemiresSupreme Court of Iowa · 1925
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