Legal Opinion
First v. Byrne
Supreme Court of Iowa
Decided July 29, 1947No. 47019PublishedCited by 33 opinions
1Opinion of the CourtSmith, J.
The mortgage covered premises owned by defendants Byrne and M. F. First as tenants in common. It provided :
“It is further expressly agreed that this mortgage shall stand as security for any other indebtedness, direct or contingent, that the mortgagee may now hold or in the future during the life of this mortgage acquire against the said mortgagors, or either or any of them.”
It was given June 13, 1940, specifically to secure mortgagors’ joint note of even date for $2,400, and was subject to a first mortgage securing a joint debt of the same parties. Mortgagors were partners in business.…
2Cases cited12 opinions
- Pope Manufacturing Co. v. GormullySupreme Court of the United States · 1892
- Cross v. AllenSupreme Court of the United States · 1891
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Day v. BaldwinSupreme Court of Iowa · 1872
- Turnis v. BallouSupreme Court of Iowa · 1925
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Beeck v. KapalisSupreme Court of Iowa · 1981
- Freese Leasing, Inc. v. Union Trust & Savings Bank, StanwoodSupreme Court of Iowa · 1977
- United States v. American National Bank of Jacksonville and Title & Trust Company of FloridaCourt of Appeals for the Fifth Circuit · 1958
- Emporia State Bank & Trust Co. v. MounkesSupreme Court of Kansas · 1974
- Akamine & Sons, Ltd. v. American Security BankHawaii Supreme Court · 1968
28 more not listed; retrieve them via the Exa API.