Legal Opinion

Montgomery v. Chadwick

Supreme Court of Iowa

Decided October 27, 1858PublishedCited by 17 opinions

Aqypeal from the Dubuque District Court. Bill to redeem from a mortgage, filed on the sixth day of June, 1857. The bill alleges that the complainant was seized in fee simple, of lots eighty-two and eighty-three in the city of Dubuque ; that in or about the year 1815, he made some conveyance and assignment of said premises to said respondent, by way of mortgage, for securing the repayment of a certain sum of money, with interest, then advanced to complainant by respondent — a…

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Aqypeal from the Dubuque District Court. Bill to redeem from a mortgage, filed on the sixth day of June, 1857. The bill alleges that the complainant was seized in fee simple, of lots eighty-two and eighty-three in the city of Dubuque ; that in or about the year 1815, he made some conveyance and assignment of said premises to said respondent, by way of mortgage, for securing the repayment of a certain sum of money, with interest, then advanced to complainant by respondent — a copy of which conveyance is annexed to the bill, marked “Exhibit A that at the time of said conveyance, it was…

1Opinion of the Court

Woodward, J. *

Without stating all the differences on the facts, which ai-ise between the parties, we shall state and consider them, as they appear to us in the result. ;

In December, 1843, the complainant borrowed money of Ni chard Waller, and conveyed to him as security, lots number eighty-two and eighty-three,in the town of Dubuque, by a deed of absolute conveyance. At the maturity of the debt, he borrowed of the respondent, and discharged Waller’s claim, and caused the latter to convey the same lots to Chadwick. This was done in July, 1845. In July, 1846, *132. Chadwick executed to Montgomery a…

2Cases cited1 opinion

  1. Phares v. WaltersSupreme Court of Iowa · 1858

3Cited by17 opinions

  1. Frideres v. SchiltzSupreme Court of Iowa · 1995
  2. Bigler v. JackSupreme Court of Iowa · 1901
  3. Wilcox v. WilliamsNevada Supreme Court · 1869
  4. Dungan v. Von PuhlSupreme Court of Iowa · 1859
  5. Matter of Estate of WeidmanSupreme Court of Iowa · 1991

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