Disque v. Wright
Supreme Court of Iowa
Appeal from Des Moines District Gowrt. This is an action upon a note, and for the foreclosure of a. mortgage in the • following form: “For consideration of one thousand dollars, Emma C. and E. GL Wright soil and convoy unto * * * lot numbered twenty-five, etc., in Carpenter’s amended addition to the city of Burlington, to be void on condition that Wright will pay his note for one thousand dollars, payable to Julia Disque or order.”
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Appeal from Des Moines District Gowrt. This is an action upon a note, and for the foreclosure of a. mortgage in the • following form: “For consideration of one thousand dollars, Emma C. and E. GL Wright soil and convoy unto * * * lot numbered twenty-five, etc., in Carpenter’s amended addition to the city of Burlington, to be void on condition that Wright will pay his note for one thousand dollars, payable to Julia Disque or order.” The petition alleges that by oversight and mistake in the draughtsman the number of the block in which said lot is situated was omitted; that said lot is in block…
1Opinion of the CourtDay, J.
The evidence shows the .following facts: The mortgage omits the block in which the lot is situated, and is blank as to the name of the grantee, as shown in the foregoing statement. CarpenteFs amended addition to the city of Burlington, as shown by the plat, consists of five blocks, numbered from one to five, inclusive: Block one has lots numbered from 1 to 22, inclusive; block two has lots numbered from 1 to 36, inclusive; block three has lots numbered from 1 to 38, inclusive; block four has lots numbered from 1 to 33, inclusive; block five has lots numbered from 1 to 2, inclusive. *540Across the…
2Cases cited5 opinions
- Chauncey v. . ArnoldNew York Court of Appeals · 1862
- Jones v. BerkshireSupreme Court of Iowa · 1863
- Calvin v. BowmanSupreme Court of Iowa · 1860
- Bostwick v. PowersSupreme Court of Iowa · 1861
- Miller v. WareSupreme Court of Iowa · 1871
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- Muehlberger v. SchillingNew York Supreme Court · 1888