Legal Opinion

Co-operative Savings & Loan Ass'n v. Kent

Supreme Court of Iowa

Decided April 8, 1899PublishedCited by 6 opinions

Appeal from Emmet District Court. — ITon. W. B. Quar-ton, Judge. Suit in equity to foreclose a mortgage upon certain lots in the town of Estherville. The trial court rendered judgment for the amount of certain notes executed by the defendant Kent, but denied the prayer for foreclosure of the mortgage. Plaintiff .gnd the Kents appeal.

1Opinion of the CourtDeejieb, J.

John and Elizabeth Kent, who were at one time the owners of the lots which are covered by plaintiff’s mortgage, mortgaged the same to H. G. Graaf to secure the sum of five hundred dollars. Thereafter, on the first day of June, 1894, they gave to plaintiff the mortgage in suit, to secure the payment of the sum of one thousand one hundred dollars. In December of the year 1895, Graaf began foreclosure proceedings upon his mortgage, making the Kents, plaintiff, and others defendants. He obtained a decree, and on March 14, 1896, the sheriff sold the lots to Graaf, who took the certificate of sale.…

2Cases cited4 opinions

  1. Moody v. FunkSupreme Court of Iowa · 1891
  2. Bevans v. DeweySupreme Court of Iowa · 1891
  3. Harvey v. SpauldingSupreme Court of Iowa · 1864
  4. Iowa Loan & Trust Co. v. MowerySupreme Court of Iowa · 1885

3Cited by6 opinions

  1. Cooper v. MaurerSupreme Court of Iowa · 1904
  2. Tirrill v. MillerSupreme Court of Iowa · 1928
  3. Stiles v. BaileySupreme Court of Iowa · 1928
  4. Cadd v. SnellSupreme Court of Iowa · 1935
  5. Nicholson v. AneySupreme Court of Iowa · 1905

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