Brown & Sons v. Smith
Supreme Court of Iowa
Appeal from Wright District Court. — Hon. D. I). " Miracle, Judge. action to foreclose a mortgage. Upon atrial on the merits plaintiffs’ petition was dismissed. They appeal to this court.
1Opinion of the CourtBeck, J.
— I. The debt secured by the mortgage amounts to $45.77, with interest at ten per centum per annum from August 3, 1882. The petition prays for judgment for the amount of the debt, and for a proper decree enforcing the mortgage lien. No certificate was given by the judge of the district court sending the case here for the decision of questions certified. The amount in controversy being less than one hundred dollars, we cannot tafee cognizance of the case, in the absence of such certificate.
II. The plaintiff claims in this action to foreclose the mortgage. The mortgage confers on the mortgagee…
2Cases cited3 opinions
- Andrews & Smith v. Burdick & GobleSupreme Court of Iowa · 1883
- Colyar v. PettitSupreme Court of Iowa · 1884
- Johns v. PatteeSupreme Court of Iowa · 1883
3Cited by1 opinion
- Simmons v. Brenton Nat. Bank of PerryCourt of Appeals of Iowa · 1986