Peterson v. Breitag
Supreme Court of Iowa
Appeal from Crawford District Court. — Hon. G-eorge W. Paine, Judge. This is an action in equity to foreclose a mortgage of one thousand dollars and interest. The mortgage is upon one hundred and twenty acres of land in Crawford county. The cause was submitted to the district court upon the pleadings and an agreed statement of facts, and there was a decree for the plaintiff. The defendants appeal.
1Opinion of the CourtRothrock, J.
I. The petition is in the usual form. The answer is to the effect that the consideration for the note and mortgage was founded upon certain acts of adultery committed by the defendant Sigismund Breitag with the plaintiff’s wife in the year 1877. The note and mortgage were executed and delivered on the thirteenth day of December, 1889, and at that time all claim of the plaintiff for damages was barred by the statute of limitations, and said claim was not revived *419by the execution of the note and mortgage. The agreed statement of facts is as follows:
“Come now the parties hereto, and stipulate…
2Cases cited5 opinions
- Keefe v. VogleSupreme Court of Iowa · 1872
- Sullivan v. CollinsSupreme Court of Iowa · 1865
- Oothout v. ThompsonNew York Supreme Court · 1822
- Tucker v. RonkSupreme Court of Iowa · 1876
- Goodwyn v. GoodwynSupreme Court of Georgia · 1854
3Cited by7 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Nelson v. PettersonIllinois Supreme Court · 1907
- Van Auken v. City of AdrianMichigan Supreme Court · 1904
- Dyer v. National By-Products, Inc.Supreme Court of Iowa · 1986
- Luther v. PayneCourt of Appeals of Kentucky · 1923
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