Henderson v. Legg
Supreme Court of Iowa
Appeal from, Washington, District Court. The case and the nature of the suit -will best be understood, by stating the facts out of which they have arisen. In December, 1857, the defendants, Joshua H. and Mary Ann Legg, gave their mortgage on certain real estate to William Eobison, to secure two notes of $141.90 each, payable in one and two years.
Read the full summary
Appeal from, Washington, District Court. The case and the nature of the suit -will best be understood, by stating the facts out of which they have arisen. In December, 1857, the defendants, Joshua H. and Mary Ann Legg, gave their mortgage on certain real estate to William Eobison, to secure two notes of $141.90 each, payable in one and two years. In January, 18é0, they gave another mortgage on the same land to one Isaac Dillon, to secure to him a debt of about $200. After this Eobison died, and the plaintiff was appointed his administrator, who subsequently, upon the solicitation of Eobison,…
1Opinion of the Court
Lowe, J. —
The case was tried upon oral testimony, and according to. the second method of trying equitable causes, against the objection of the defendants, who excepted at the time. Afterwards he made the same objection the foundation of a motion for a new trial, which was again overruled. It should have prevailed. The proceeding was not' an ordinary foreclosure. The point of the controversy does not relate to any matter arising upon the mortgage itself, or the justness of the debt which it was given to secure, respecting which there was no dispute, but to the restoration of rights lost under…
2Cited by3 opinions
- State ex rel. Boone v. OrwigSupreme Court of Iowa · 1868
- Dumont v. BarrallSupreme Court of Iowa · 1865
- Mally v. MallySupreme Court of Iowa · 1870