Mallory v. Luscombe
Supreme Court of Iowa
Appeal from Tama, District Gowrt. Action for the foreclosure of a mortgage executed by John Luscombe, Jr., t.o tbe plaintiff. John Brown claims to be tbe owner in fee of tbe land by a conveyance from John Luscombe, Sr. Trial by tbe court and judgment for defendant Brown. Plaintiff appeals. Tbe farther facts are stated in tbe opirnon.
1Opinion of the CourtMiller, J.
— In tbe answer of tbe defendant, John Brown, it is alleged that John Luscombe, Sr., was tbe true owner of tbe mortgaged premises; that tbe mortgagor, John Luscombe, Jr., never bad any right, title or interest .whatever in tbe land, nor was bis act in mortgaging the same ever ratified by tbe real owner; that Brown pur*270chased the land from the father and real owner. The cause was tried by the court without a jury, and its findings are to be regarded in the same light as the verdict of a jury in an ordinary action. Rev., §§ 2999, 3000; Snowden v. Snowden, 23 Iowa, 457.
In the review of equitable…
2Cases cited2 opinions
- Harris v. StoneSupreme Court of Iowa · 1863
- Snowden v. SnowdenSupreme Court of Iowa · 1867
3Cited by1 opinion
- Schmeltz v. SchmeltzSupreme Court of Iowa · 1879