Johnson v. Harder & Avery
Supreme Court of Iowa
Appeal from Webster Circuit Court. Action to foreclose a mortgage executed by the defendaut Harder, and to recover a personal judgment for the amount thereof against the defendant Avery. The petition avers in substance that the mortgaged premises were sold by Harder to Avery, and that Avery, as a part of the consideration of the purchase, agreed to pay the mortgage debt.
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Appeal from Webster Circuit Court. Action to foreclose a mortgage executed by the defendaut Harder, and to recover a personal judgment for the amount thereof against the defendant Avery. The petition avers in substance that the mortgaged premises were sold by Harder to Avery, and that Avery, as a part of the consideration of the purchase, agreed to pay the mortgage debt. Avery denies that he agreed to pay the mortgage debt, except upon the condition that Harder should perfect the title to a portion of the mortgaged land, which he failed to do. The. facts are stated in the opinion. Decree of…
1Opinion of the CourtAdams, J.
The mortgage was executed upon one hundred and eighty acres of land to secure a debt of $635. After the execution of the mortgage, the defendant Harder, the mortgagor*, sold the premises and some personal property to the defendant Avery.
What the consideration was is the question in this case. The plaintiff introduced evidence tending to show that Avery was to pay for the property, personal and real, the sum of $500, and assume the mortgage debt. Avery introduced evidence tending to show that he was to pay the sum of $575, and that he assumed the mortgage debt only conditionally as above set…
2Cited by25 opinions
- White v. SchaderCalifornia Supreme Court · 1921
- Merrimon v. ParkeyTennessee Supreme Court · 1916
- Moore v. BookerNorth Dakota Supreme Court · 1894
- Valley Lumber Co. v. SmithWisconsin Supreme Court · 1888
- University of Richmond v. StoneSupreme Court of Virginia · 1927
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