Alexander v. Doran
Supreme Court of Iowa
Appeal from Boone District Court, Bill to foreclose a mortgage. The facts are stated in the opinion of the court. relied upon Code of 1851, § 1742; Dunsmore v. Mliott, 1 Iowa, 599; Young v. Mum-ma, 3 Id., 140; Teagarden v. Balter, 9 Id., 272; Burlington and Missouri River Railroad Company v. Marchand, 5 Iowa, 468; Buckhart v. Sappington, 1 G. Greene, 66.
1Opinion of the CourtLowe, J.
A proceeding to foreclose a mortgage, which was tried by the court upon the petition and answer alone, and a judgment rendered for plaintiff for the amount of the mortgage, and accruing interest. The appeal brings the *284cause before us for hearing, upon its merits. The answer, among other things, admits the execution of the mortgage sought to be foreclosed, but alleges that in said mortgage there is the sum of one hundred and fifty dollars of usury and illegal interest, which the mortgage charged, and asked to be embodied in said mortgage; that this $150 was-interest over and above the ten per…
2Cited by3 opinions
- Minear v. HoggSupreme Court of Iowa · 1895
- Bloomer v. GlendySupreme Court of Iowa · 1886
- Bolander v. AtwellSupreme Court of Iowa · 1862