Johnson v. Johnson
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. A. J. McCrary, Judge. Action in equity, to recover an amount alleged to be due on a promissory note, and to foreclose a real estate, mortgage, given to secure its payment. The defendant, Albertina Johnson, claims to be the owner of the mortgaged property, and avers that the note and mortgage were given without consideration, for the purpose of defrauding her.
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Appeal from Lee District Court. — Hon. A. J. McCrary, Judge. Action in equity, to recover an amount alleged to be due on a promissory note, and to foreclose a real estate, mortgage, given to secure its payment. The defendant, Albertina Johnson, claims to be the owner of the mortgaged property, and avers that the note and mortgage were given without consideration, for the purpose of defrauding her. She asks that the mortgage be canceled of record, and that the title to the lots be quieted in her. There was a hearing on the merits, and a decree in favor of Albertina Johnson, which quieted in…
1Opinion of the CourtRobinson, J.
The plaintiff and the defendant Charles Johnson are brothers, and Charles and Albertina are husband and wife. The mortgaged property consists of two lots in Kilbourne’s addition to the city of Keokuk. They were purchased by and conveyed to Charles Johnson in November, 1891. At the same time he gave a mortgage thereon for the sum of four hundred and fifty dollars. In May, 1892, the plaintiff loaned to Charles Johnson four hundred and fifty dollars, which were used in satisfying the mortgage, and, in addition, fifty dollars, which were used to pay expenses incurred in repairing a house. In…
2Cases cited3 opinions
- Rollins v. Shaver Wagon & Carriage Co.Supreme Court of Iowa · 1890
- Southern White-Lead Co. v. HaasSupreme Court of Iowa · 1887
- Stroff v. Swafford Bros.Supreme Court of Iowa · 1891
3Cited by1 opinion
- Carr v. WaySupreme Court of Iowa · 1909