Legal Opinion

Heim v. Ressel

Supreme Court of Iowa

Decided November 12, 1913PublishedCited by 5 opinions

Appeal from, Allamakee District Court. — Hon. L. E. Fellows, Judge. Suit in equity to foreclose an instrument in the nature of a mortgage, made by defendants, husband and wife, to Nicholas Meyer, and by him indorsed to plaintiffs. Defendants filed separate answers.

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Appeal from, Allamakee District Court. — Hon. L. E. Fellows, Judge. Suit in equity to foreclose an instrument in the nature of a mortgage, made by defendants, husband and wife, to Nicholas Meyer, and by him indorsed to plaintiffs. Defendants filed separate answers. Gustaf Ressel denied any indebtedness to plaintiff, and denied that the instrument sued on contained any promise to pay; averred that it was made to secure a written instrument containing a promise to pay; and that this indebtedness had been fully paid. The wife made practically the same answer, and also alleged that she signed no…

1Opinion of the CourtDeemer, J.

Unfortunately the record is in a very confused state, and appellees’ counsel have not seen fit to make any argument, although they have filed two amendments to *77the abstract, which have tended to confuse rather than clarify. The suit seems to be upon the following instrument:

Know all men by these presents, that Gustaf Eessel and his wife, Augusta Eessel, of the county of Allamakee and state of Iowa, in consideration of the sum of ($315.00) three hundred and fifteen dollars, in hand paid by Nicholas Myer, in the county of Allamakee and state of Iowa, do hereby sell and convey unto the said…

2Cases cited1 opinion

  1. Heim v. ResellSupreme Court of Iowa · 1911

3Cited by5 opinions

  1. Snater v. WaltersSupreme Court of Iowa · 1959
  2. Powers v. HatcherSupreme Court of Iowa · 1965
  3. Midland Steel Sales Co. v. Waterloo Gasoline Engine Co.Court of Appeals for the Eighth Circuit · 1925
  4. Hughes v. Keokuk & Hamilton Bridge Co.Supreme Court of Iowa · 1926
  5. Blakesburg Savings Bank v. BlakeSupreme Court of Iowa · 1929

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