Dean v. Ridgeway
Supreme Court of Iowa
Appeal from Allamakee District Gourt. — Hon. L, O. Hatch, Judge. This is an action in chancery to foreclose a mortgage executed by the defendants to plaintiff’s intestate. Upon a trial on the merits, 'the district court dismissed the plaintiff’s petition. He now appeals to this court.
1Opinion of the Court
Beck, O. J.
I. The mortgage in suit secures live promissory notes providing for annual interest, and contains a condition to the effect that, on a failure to pay either the principal or interest of the notes when due, the whole amount shall become due and payable, and the mortgage may be foreclosed therefor. It is alleged in the petition that on the eleventh day of March, 1887, the sum of five hundred and seventy-three dollars and thirty-nine cents was- due upon the notes secured by the mortgage, and on that day the defendant executed to the plaintiff’s intestate a promissory note for that sum…
2Cases cited5 opinions
- McLaren v. HallSupreme Court of Iowa · 1868
- Gower v. HallowaySupreme Court of Iowa · 1862
- Carlin v. HellerSupreme Court of Iowa · 1872
- Iowa County v. FosterSupreme Court of Iowa · 1878
- Shadbolt v. ShawSupreme Court of Iowa · 1875
3Cited by1 opinion
- Swearingen v. LahnerSupreme Court of Iowa · 1894