Prouty v. Matheson
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. N: W. Macy, Judge. Action in equity to recover the amount alleg’ed to be due on certain promissory notes, and to* foreclose mortgages, executed to secure their payment. The defendants pleaded several defenses. There was a hearing on the merits, and a decree in favor of the plaintiffs. The defendants appeal.
1Opinion of the Court
Bobinson, O. J.:
The plaintiffs are executors of the estate of William Garner, deceased, and the defendant Mary E. Matheson is one of his daughters, and the defendant Henry O. Matheson is her husband. On the first day of June, 1885, the defendants made to the order of W. B. Somers their promissory note for the sum of two thousand five hundred dollars, payable five years after its date, and a, trust deed on one hundred and ninety and one-half aeres of land oAvned by Mrs. Matheson, to secure its payment. On the same day the defendants executed to J. W. Squire, trustee, their two mortgage notes,…
2Cases cited7 opinions
- Hahn v. MillerSupreme Court of Iowa · 1886
- Goodnow v. WellsSupreme Court of Iowa · 1885
- Hawk & Co. v. EvansSupreme Court of Iowa · 1889
- Keokuk Gaslight & Coke Co. v. City of KeokukSupreme Court of Iowa · 1890
- Baugh v. BarrettSupreme Court of Iowa · 1886
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3Cited by5 opinions
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Hogle v. SmithSupreme Court of Iowa · 1907
- Woodward v. Carson, Pirie, Scott & Co.Supreme Court of Iowa · 1915
- Smith v. CretorsSupreme Court of Iowa · 1917
- Salinger v. ArtsSupreme Court of Iowa · 1903