Kramer v. Rebman
Supreme Court of Iowa
Appeal from the Dubuque District Court. This was a proceeding to foreclose a mortgage. To the petition there was a demurrer which was sustained, and from this ruling plaintiff appeals. The material facts appear from the opinion of the court. cited Sands v. Wood, 1 Iowa 266; 2 Story’s Eq. Jur. sec’s 1322 and 1323; Ottawa Plank Moad Co. v. Murray, 15 HI. 336; The West Branch Dank v. Chester, 11 Penn. State R. 288; 2 Hilliard Mort. 108.
1Opinion of the CourtWright, C. J.
The mortgage in this case was dated August 10, 1857, and was made to secure the sum of fourteen thousand dollars, with interest and exchange on the city of Pittsburgh, Pennsylvania, payable five years after said date. The note and mortgage provided that the interest was to be paid semi-annually, and if the said mortgagor failed “ to pay said sum of money or any part thereof, or shall fail to pay any of said semi-annual installments of interest during thirty days after the said times of payment of said interest, then the whole of said indebtedness shall be considered due, and the said Jones,…
2Cases cited3 opinions
- Ottawa Northern Plank Road Co. v. MurrayIllinois Supreme Court · 1854
- Tomlinson v. HammondSupreme Court of Iowa · 1859
- Cooley v. HobartSupreme Court of Iowa · 1859
3Cited by32 opinions
- Fisher, Brown & Co. v. FieldingSupreme Court of Connecticut · 1895
- Swearingen v. LahnerSupreme Court of Iowa · 1894
- Parker v. DacresSupreme Court of the United States · 1889
- Packard v. KingmanSupreme Court of Iowa · 1860
- St. Paul Fire & Marine Ins. Co. v. NowlinSupreme Court of Alabama · 1989
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