Mahon v. Cooley
Supreme Court of Iowa
Appeal from Monroe District Court. Action in chancery for the foreclosure of a mortgage given to secure a promissory note dated September 22, 1858, due one day after date, and payable to the order of Samuel Hebered, with interest at ten per cent per annum.
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Appeal from Monroe District Court. Action in chancery for the foreclosure of a mortgage given to secure a promissory note dated September 22, 1858, due one day after date, and payable to the order of Samuel Hebered, with interest at ten per cent per annum. The mortgage was executed September 25, 1858, to the payee of the note, and conveys eighty acres of land, described as to separate tracts of forty acres each, and the promissory note, which it purports to secure, is described therein as bearing date September 20, 1858, and due in two years. The petition alleges that such description is a…
1Opinion of the Court
Beok, Ob. J.
— I. This cause, having been tried by tbe second method, in tbe district court, is here for trial on tbe errors assigned upon the record, and not for trial de novo. Rev., § 2999, p. 3. This court will exercise presumptions to support tbe findings of fact by tbe court below, and will not disturb tbe decision unless there appears to be such an utter absence of proof as will warrant tbe conclusion that tbe judgment was tbe result of passion, prejudice or partiality. This rule is announced in repeated decisions of this court, and under it we can do no otherwise than sustain tbe…
2Cases cited1 opinion
- Gordon v. StateSupreme Court of Iowa · 1856
3Cited by17 opinions
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Senninger v. RowleySupreme Court of Iowa · 1908
- Doran v. DoranSupreme Court of Iowa · 1909
- Burns v. BurnsSupreme Court of Iowa · 1943
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