Ewing v. Scott
Supreme Court of Iowa
Appeal from the Des Moines District Court. ■ John Scott and John H. Scott, on tbe 13tb of December, 1848, executed tbeir promissory note to A. D. Green, for tbe sum of $287.50, payable on or before tbe 9tb of December, 1849, bearing interest after maturity, at tbe fate of ten per centum per annum, until paid* On tbe same day, tbey executed a deed of trust to Green, to secure tbe payment of tbe note. Tbe note was assigned by Green to S. M. Clendenin.
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Appeal from the Des Moines District Court. ■ John Scott and John H. Scott, on tbe 13tb of December, 1848, executed tbeir promissory note to A. D. Green, for tbe sum of $287.50, payable on or before tbe 9tb of December, 1849, bearing interest after maturity, at tbe fate of ten per centum per annum, until paid* On tbe same day, tbey executed a deed of trust to Green, to secure tbe payment of tbe note. Tbe note was assigned by Green to S. M. Clendenin. On tbe 14th of July, 1852, Clendenin being indebted to plaintiff in tbe sum of fifty dollars, as security for tbe payment of tbe same, assigned…
1Opinion of the Court
Stockton; J.'
The first, second, and fourth assignments *451of error, question the correctness of the decision of the court below, in giving certain instructions asked by plaintiff, and in refusing those asked by defendants. The charge of the court to the jury, was reduced to writing. The instructions asked by the plaintiff, were also in writing, as well as those asked by defendants, and refused by the court. The charge •of the court, together with the .instructions .given and refused, are copied into the transcript. Whether they are properly a part of the record, and whether the giving or re-'…
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