Seekel v. Norman
Supreme Court of Iowa
Appeal from Harrison District Court. This is an action upon certain promissory notes, and to foreclose a mortgage given to secure the payment of the same. The notes and mortgage were originally given to the defendant, S. F. Winch. He assigned the notes and mortgage in writing -to the plaintiff. At the time of the assignment, there was but one of the notes due.
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Appeal from Harrison District Court. This is an action upon certain promissory notes, and to foreclose a mortgage given to secure the payment of the same. The notes and mortgage were originally given to the defendant, S. F. Winch. He assigned the notes and mortgage in writing -to the plaintiff. At the time of the assignment, there was but one of the notes due. The defendants by answer, and by a cross-bill against Winch, set up that the plaintiff was not the owner of the notes and mortgage, and that Winch was the real owner, and that all of the notes were usurious. It was further alleged that…
1Opinion of the Court
Rothcock, Ch., J.
A careful reading of the evidence in the case leads us to the conclusion that appellants obtained a more favorable decree than they were entitled to. The notes and mortgage were assigned in writing to the plaintiff. The evidence does not show that she is not the owner. We think the court correctly found that she is the absolute owner.
*130■ We think it is not shown by a preponderance of the evidence that any usury entered into the notes. But, as the court below found that the payment of more than ten per cent per annum was contracted for as to certain other notes not in suit, and…
2Cited by1 opinion
- Seekel v. NormanSupreme Court of Iowa · 1889