Carter v. Cohen Bros. Iron & Metal Co.
Supreme Court of Iowa
Appeal from Polio District Court. — Hubert Utterback, Judge. Action in equity to have a conveyance of real estate declared a mortgage, and to make redemption therefrom. Decree for plaintiff for the relief asked in part, and both parties appeal. The defendants Cohen Bros., being first to perfect their appeal, will be denominated the appellants.
1Opinion of the CourtWeaver, J.
1. Mortgages : nature and requisites: absolute deed: evidence. On August 16, 1904, the plaintiff, Carter, and one Slater owned adjacent lots or fractions of lots in East Des Moines. On that day, they together executed a conveyance of the property by warranty deed to Cohen Brothers, for the alleged consideration of $1,800. At the same time, and as part of the same transaction, the parties to the conveyance entered into a written contract by which the Cohens undertook to reconvey the property at the price of $1,910, which Carter and Slater agreed to pay on August 16, 1905, with interest at six…
2Cited by6 opinions
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- Pap v. PapSupreme Court of Iowa · 1955
- Craig v. WelchSupreme Court of Iowa · 1942
- Howes v. SuttonSupreme Court of Iowa · 1936
- Lutton v. StengSupreme Court of Iowa · 1929
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