Bank of Defiance v. Ryan
Supreme Court of Iowa
Appeal from Shelby District Court. — Hon. O. D. Wheeler, Judge. This is an action to foreclose a real estate mortgage. Tbe debtor defendants are Thos. J. Ryan and II. R. Ryan. The other defendants are junior lienholders. There was a decree for the plaintiff. Defendants appeal.
1Opinion of the CourtEvans, C. J.
The mortgage sought to be foreclosed covers real estate in Shelby County, and was-given on May 2, 1902, to secure the payment of two notes of $10,000 and $13,000, respectively. At the time of bringing the suit, the notes bore certain indorsements of payments thereon. The defense interposed was that payments other than those so indorsed had been made upon said notes, or should •be deenfed to have been made, thereon, and that such notes *727were thereby wholly or in large part discharged. The basis of this claim of additional payments rests npon the proposition that the proceeds of certain chattel…
2Cases cited2 opinions
- Wyland v. GriffithSupreme Court of Iowa · 1895
- Gerlaugh v. RyanSupreme Court of Iowa · 1905
3Cited by2 opinions
- Mead v. City National Bank of ClintonSupreme Court of Iowa · 1943
- Kinkead v. PeetSupreme Court of Iowa · 1914