Seiffert & Wiese Lumber Co. v. Hartwell
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. H. K Deemer, Judge. . Action in equity to recover the amount due on two promissory notes, and for the foreclosure of a mortgage given to secure their payment. The defendants filed a motion to strike certain portions of the petition. The motion was overruled in part.- The defendants LibbieG.
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Appeal from Pottawattamie District Court. — Hon. H. K Deemer, Judge. . Action in equity to recover the amount due on two promissory notes, and for the foreclosure of a mortgage given to secure their payment. The defendants filed a motion to strike certain portions of the petition. The motion was overruled in part.- The defendants LibbieG. Hartwell and T. J. Hartwell, her husband, refused to plead further, and appealed. — After the appeal was: taken a decree was rendered in favor of the plaintiff for the amount due on the notes, and for the foreclosure of the mortgage.
1Opinion of the CourtBobinson, J.
The notes described in the petition were given by the appellants, and are dated December 22,1890. One was for one hundred and eighty-one dollars and seventy-five cents, payable one year after it& date, and the other was for one hundred and eighty-one-dollars and eighty cents, payable eighteen month's after-its date. They are alleged to- be wholly unpaid, and no> question is made in regard to either of them. To-secure their payment -a mortgage dated December 2.6,, 1890, was given on the homestead of the appellants, which consisted of two lots in Arnold’s addition tot> Oakland, in Pottawattamie…
2Cases cited15 opinions
- Fuller & Co. v. HuntSupreme Court of Iowa · 1878
- Rhodes, Pegram & Co. v. McCormickSupreme Court of Iowa · 1857
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