Franklin Savings Bank v. Colby
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. Action 'in equity for judgment on. Due promissory note executed by the 'defendants C. J. and Annie W. Colby to Kimball-Ohamp Investment Company, and for decree foreclosing a mortgage on real estate executed by said Colbys to secure the same. The issues and facts appear in the opinion. Judgment and decree were rendered ini favor of the plaintiff. Defendants appeal.—
1Opinion of the CourtGtven, J.
1 — I. Appellant’s counsel state the facts as follows: February 14, 1889, the principal defendant, C. J. Colby, made his three notesi, aggregating eight thousand dollars, due in one, two>, and three years-, to the ICimb all-Obamp Investment Company, and giav-e a mortgage seeming the same on the property in controversy, to the company. March 5th the company sold the notes to- the Franklin Savings Bank, delivering at the .same time a blank assignment of the mortgage. The assignment remained in blank until it was returned to Council Bluffs, presumably about the time it was recorded, and then!…
2Cases cited1 opinion
- Jenks v. ShawSupreme Court of Iowa · 1896
3Cited by6 opinions
- James v. NewmanSupreme Court of Iowa · 1910
- Whitney v. KrasneSupreme Court of Iowa · 1929
- Keene Five Cents Savings Bank v. ArcherSupreme Court of Iowa · 1899
- Miller & Chaney Bank of Newell v. CollisSupreme Court of Iowa · 1931
- Engelke v. DragerSupreme Court of Iowa · 1931
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