Swan v. Yaple
Supreme Court of Iowa
Appeal from Tama Circuit Court. This action is brought by the assignee of certain promissory notes secured by mortgage on real property for foreclosure. The defendants answer that after the assignment of the notes to plaintiff he (plaintiff) executed and delivered to , a stranger to the mortgage, a deed conveying all of plaintiff’s “ estate, title amd interest” in the real estate mortgaged. A demurrer to this answer being sustained, defendants excepted and appeal.
1Opinion of the CourtMilder, J.
I. The only question presented by the record and arguments is'whether the alleged conveyance by the plaintiff operated as an assignment of the mortgage to his grantee.
This question must be answered in the negative. The answer does not deny that the plaintiff is the holder and *249owner of the notes secured by the mortgage, or that they have not been paid. These facts, then, are to be taken as true. By the assignment of the notes to plaintiff, the mortgage as an incident to the. debt passed to him also. Crow, McCreary & Co. v. Vance, 4 Iowa, 434, and cases cited ; Pope & Slocum v. Jacobus, 10 id.…
2Cases cited4 opinions
- Newman v. De LorimerSupreme Court of Iowa · 1865
- Cook & Sargent v. DillonSupreme Court of Iowa · 1859
- Blaney v. HanksSupreme Court of Iowa · 1862
- Crow, McCreary & Co. v. VanceSupreme Court of Iowa · 1857
3Cited by8 opinions
- Andrews v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Lackender v. MorrisonSupreme Court of Iowa · 1942
- Yankton Building & Loan Ass'n v. DowlingSouth Dakota Supreme Court · 1898
- Phillips v. McIlrathSupreme Court of Iowa · 1928
- Cook v. GilchristSupreme Court of Iowa · 1891
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