Spinney v. Miller
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Charles A. Bishop, Judge. This is an action in equity to foreclose a mortgage on real estate in the city of Des Moines. The issues presented by the answer will be stated in the opinion. There was a decree for plaintiff, and defendants Holliday Bros., W. K. Holliday and O. E. Holliday appeal.
1Opinion of the CourtWaterman, J.
1 The mortgage in suit was made by Elizabeth Miller and Charles II. Miller, her husband, to the National Home Building & Loan Association of Blooming-ton, 111. The instrument contained this clause: “It is expressly agreed that this mortgage is nonnegotiable, and is uncollectible in the hands of any other person than said association or its successors, or its duly authorized attorney or agents.” The first point sought to be made by defendants, is that because of this provision, the mortgage was not assignable, and therefore plaintiff can maintain no action upon it. Plaintiff’s title was…
2Cases cited19 opinions
- Great Western Telegraph Co. v. PurdySupreme Court of the United States · 1896
- Strohen v. Franklin Saving Fund & Loan Ass'n ex rel. McKinleySupreme Court of Pennsylvania · 1887
- Curtis v. Granite State Provident Ass'nSupreme Court of Connecticut · 1897
- Beach v. WakefieldSupreme Court of Iowa · 1898
- Knutson v. Northwestern Loan & Building Ass'nSupreme Court of Minnesota · 1897
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3Cited by18 opinions
- Model Heating Co. v. MagaritySupreme Court of Delaware · 1911
- Franklin Opera House Co. v. ArmstrongCourt of Appeals for the First Circuit · 1904
- Briggs v. Iowa Savings Loan Ass'nSupreme Court of Iowa · 1901
- Blank v. Independent Ice Co.Supreme Court of Iowa · 1911
- Dunn v. Utah Serum Co.Utah Supreme Court · 1925
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