Gammel v. Goode
Supreme Court of Iowa
Appeal from Polk District Court. — 'How. W. A. Spurrier, Judge. Lowry W. Goode and Eldridge T. Likes purchased of plaintiff ten acres of land for the agreed price of seven thousand, five hundred dollars, the land being platted into lots, and known as “Oakland,” and a part of the city of Des Moines. Goode and Likes executed a mortgage on the land to secure the payment of notes given for the purchase price.
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Appeal from Polk District Court. — 'How. W. A. Spurrier, Judge. Lowry W. Goode and Eldridge T. Likes purchased of plaintiff ten acres of land for the agreed price of seven thousand, five hundred dollars, the land being platted into lots, and known as “Oakland,” and a part of the city of Des Moines. Goode and Likes executed a mortgage on the land to secure the payment of notes given for the purchase price. These notes were so given that one matured January 1, 1885, and one each year thereafter to January 1, 1891. The last twoi notes are for one thousand dollars each, and this suit is based…
1Opinion of the CourtGranger, J.
1
*3042 *303I. The stipulation in the mortgage is as follows: “And it is hereby particularly agreed between the above-named parties of the first and' second part that the parties of the first part shall have the privilege of receiving a release of one or more acres from the operation of this mortgage by the payment at any one time of eight hundred ($800.00) dollars for each acre to be so released, or they may receive releases of lots on the same basis, provided that, in case lots are to be released, the aggregate contents of same shall not exceed one acre for each payment of eight hundred ($800.00)…
2Cases cited4 opinions
- Vawter v. CraftsSupreme Court of Minnesota · 1889
- Nims v. VaughnMichigan Supreme Court · 1879
- Pierce v. KneelandWisconsin Supreme Court · 1863
- Frederick v. CallahanSupreme Court of Iowa · 1875
3Cited by19 opinions
- Eldridge v. BurnsCalifornia Court of Appeal · 1978
- Sacramento Suburan Fruit Lands Co. v. WhaleyCalifornia Court of Appeal · 1920
- Fulton v. JonesAppellate Division of the Supreme Court of the State of New York · 1915
- Marshall & Ilsley Bank v. GreeneWisconsin Supreme Court · 1938
- Murchison v. FreemanCourt of Appeals of Texas · 1939
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