Williams v. Meeker
Supreme Court of Iowa
Appeal from Marshall Circuit Court. Thursday, July 28. This is an action to foreclose a mortgage executed by Benson and another. Appellant and one Johnson were joined as defendants with the grantors in the mortgage. The mortgagors were not served with process, but an appearance was entered for them, which was afterward withdrawn. Johnson disclaimed having any interest in the mortgaged premises, and appellant was thus left as the only one defending the action.
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Appeal from Marshall Circuit Court. Thursday, July 28. This is an action to foreclose a mortgage executed by Benson and another. Appellant and one Johnson were joined as defendants with the grantors in the mortgage. The mortgagors were not served with process, but an appearance was entered for them, which was afterward withdrawn. Johnson disclaimed having any interest in the mortgaged premises, and appellant was thus left as the only one defending the action. He admits in his answer the execution of the mortgage and note by the mortgagors, but denies that they had any interest in the real…
1Opinion of the CourtBeck, J.
i. practice : evidence.310 At the trial the court, with the consent of plaintiff, assigned the affirmative of the issue to appellant. In support of his claim he introduced a deed for the land from Dorley, who was shown to be the patentee, to “Hunsgate & Vaughn.” This deed was admitted in evidence. He then offered in evidence a deed from A. J. Hunsgate and wife to E. W. Snelling, and also a deed from Snelling to himself. No evidence was given to show that A. J. Hunsgate was one of the grantees in the deed executed by Dorley. Objections to the introduction of these deeds were sustained. The…
2Cases cited1 opinion
- Johnson v. MonellSupreme Court of Iowa · 1862
3Cited by8 opinions
- Watts v. CreightonSupreme Court of Iowa · 1892
- Browning v. SmithIndiana Supreme Court · 1894
- McIntire v. CagleySupreme Court of Iowa · 1873
- Miller v. GardnerSupreme Court of Iowa · 1878
- Barbee v. Aultman, Miller & Co.Supreme Court of Iowa · 1897
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