Clute v. Frasier
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. Tuts action was commenced- at law upon a promissory note. Upon tbe filing of an answer presenting an equitable defense the action was set down for trial as a chancery case, and was so tried by a referee. A judgment was rendered for plaintiff for the amount of the note and interest, upon the coming in of the referees’ report. Defendant appeals.
1Opinion of the CourtBeck, J.
I. The promissory note upon which the action is brought, was executed in 1874 to Mary A. Dennis, in settlement of certain claims against defendant, held by her as the administratrix of the estate of Eli Dennis, deceased. The claims thus settled were balances due upon á mortgage executed in 1854, and upon two promissory notes, one made in Í865, the other in 1866. These- transactions were in the life time of Eli Dennis. The note of 1865 was given in settlement made at that time of a prior claim for money advanced to defendant to purchase a farm, the title of which was held by Dennis, and…
2Cited by9 opinions
- Marshall v. WestropeSupreme Court of Iowa · 1896
- Chicago Title & Trust Co. v. SmythSupreme Court of Iowa · 1895
- West v. WestSupreme Court of Iowa · 1894
- Noble v. TrumpSupreme Court of Iowa · 1916
- Dallas Real Estate Co. v. GrovesSupreme Court of Iowa · 1940
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