Legal Opinion

Iowa Loan & Trust Co. v. Day

Supreme Court of Iowa

Decided April 25, 1884PublishedCited by 2 opinions

Appeal from Polk Circuit Cou/rt. Action in chancery to foreclose a mortgage. The plaintiff’s petition was dismissed, and it now appeals to this court.

1Opinion of the CourtBeck, J.

I. The action was brought in Polk county to foreclose a mortgage upon lands situated in Decatur county, executed to secure a promissory note payable in the city of Des Moines, Polk county. Notice was served .by publication upon the mortgagor alone, and no appearance was entered bv him in the case. The circuit court refused to take cognizance of the case on the ground that it had no jurisdiction, the cause not having been brought in the proper county. The ruling of the circuit court is correct.

Code, section 2581, provides that, “when by its terms a written contract is to be performed in any…

2Cases cited2 opinions

  1. Equitable Life Ins. v. GleasonSupreme Court of Iowa · 1881
  2. Chadbourne v. GilmanSupreme Court of Iowa · 1870

3Cited by2 opinions

  1. Orcutt v. HansonSupreme Court of Iowa · 1887
  2. McDonald v. Second National BankSupreme Court of Iowa · 1898

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