Livermore v. Maxwell
Supreme Court of Iowa
Appeal from Plymouth District Court. — Hon. Scott M. Ladd, Judge. Action in equity to cancel and set aside a, release and satisfaction, entered on the record, of a certain trust deed, executed by the defendant Maxwell to secure his certain promissory note, and for judgment and decree foreclosing said trust deed, and declaring the plaintiff’s lien superior to the interest or liens of the defendants.
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Appeal from Plymouth District Court. — Hon. Scott M. Ladd, Judge. Action in equity to cancel and set aside a, release and satisfaction, entered on the record, of a certain trust deed, executed by the defendant Maxwell to secure his certain promissory note, and for judgment and decree foreclosing said trust deed, and declaring the plaintiff’s lien superior to the interest or liens of the defendants. A decree was entered dismissing the plaintiff’s petition, from which he appeals. The'issues and facts appear in the opinion. —
1Opinion of the CourtGiven, J.
— Four other cases, resting largely upon the same state of. facts involved herein, were submitted herewith, namely: Josiah P. Quincy, appellant, v. Nicholas Ginsbach et al.; Josiah P. Quincy, appellant, v. Ernest A. Alline et al.; Ann Davis, appellant, v. Mathias Werle et al.; A. T. Perkins v. Paul Boever et al., appellants. The following facts applicable to all these cases appear without controversy, or are fully established by the evidence:
For some years prior to and during the time of' the transactions hereinafter mentioned, J. M. Dunn was engaged, at Le Mars, Iowa, in the business of…
2Cases cited5 opinions
- Williams v. JacksonSupreme Court of the United States · 1883
- Bergen v. . Urbahn, Etc.New York Court of Appeals · 1880
- Kellogg v. . SmithNew York Court of Appeals · 1862
- Newman v. SamuelsSupreme Court of Iowa · 1864
- McClure v. BurrisSupreme Court of Iowa · 1864
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- Moore v. CrandallSupreme Court of Iowa · 1910
- Friend v. YahrWisconsin Supreme Court · 1905
- Day v. BrentonSupreme Court of Iowa · 1897
- Henniges v. PaschkeNorth Dakota Supreme Court · 1900
- Newman v. Fidelity Savings & Loan Ass'nArizona Supreme Court · 1912
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