England v. England
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. D. Rtan, Judge. Suit in equity to have an absolute deed made by plaintiff to defendant declared a mortgage, for an accounting, and other equitable relief. From a decree dismissing the plaintiff’s petition, he appeals.
1Opinion of the CourtDeemer, J.
Plaintiff and defendant are brothers. In the year 1878 the defendant lived in Dundas, in the state of Ohio, and was there engaged in the general merchandising business. The plaintiff lived upon the land which is the subject of this litigation, and was engaged in farming. Plaintiff fell behind in his business operations, and in the spring of 1878 was largely involved. He had mortgaged his land for three thousand dollars to the Aetna Insurance Company, and was also indebted to the defendant in the sum of one thousand dollars, which was also secured by mortgage upon the land. He was also…
2Cited by1 opinion
- Ridings v. Marengo Savings BankSupreme Court of Iowa · 1910