Ware v. Smith
Supreme Court of Iowa
Appeal from Franklin Circuit Court. AotioN to foreclose a mortgage given to secure certain promissory notes. The defendants .pleaded, in substance, that the transaction out of which the notes and mortgage grew was never consummated, and that the notes and mortgage never took effect. There was a decree for defendants. The plaintiff appeals.
1Opinion of the CourtAdams, J.
The defendant, E. A. Smith, entered into a negotiation with the plaintiff, through his agent, one Ells-worth, for the purchase for E. A. Smith’s wife, the defendant L. B. Smith, of eighty acres of land. The price was agreed upon and certain papers drawn, including the notes and mortgage in question. A deed was made by the plaintiff, running to the defendant, L. B. Smith. The notes and mortgage passed into Ellsworth’s hands, and the deed passed into the hands of E. A. Smith, who was acting for his wife; but, im-meditely upon inspecting the deed, he objected to the same. The deed contained…
2Cited by6 opinions
- Hodge v. SmithWisconsin Supreme Court · 1907
- Marling v. FitzGeraldWisconsin Supreme Court · 1909
- Waters v. Byers Bros. & Co.Court of Appeals of Texas · 1921
- Selma Savings Bank v. HarlanSupreme Court of Iowa · 1914
- Schneider v. Lebanon Dairy & Creamery Co.Appellate Court of Illinois · 1898
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