Marble Savings Bank v. Mesarvey
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. A. Spurrier, Judge. This is an action in equity for judgment on a note, and for the foreclosure of a mortgage securing it upon certain real estate. The note was executed by the defendant, W. D. Mesarvey, to the Lewis Investment Company, was for two thousand five hundred dollars, dated September 15, 1888, and due five years thereafter, and drew interest.
Read the full summary
Appeal from Polk District Court. — Hon. W. A. Spurrier, Judge. This is an action in equity for judgment on a note, and for the foreclosure of a mortgage securing it upon certain real estate. The note was executed by the defendant, W. D. Mesarvey, to the Lewis Investment Company, was for two thousand five hundred dollars, dated September 15, 1888, and due five years thereafter, and drew interest. The mortgage was executed by said Mesarvey and wife upon a certain tract of ground in the city of Des Moines, Iowa. The note and mortgage were transferred to the plaintiff by the Lewis Investment…
1Opinion of the CourtKinne, C. J.
I. There is a contention as to the right of appellants to have the question raised considered. As we have arrived at the conclusion that upon the merits, the case should be affirmed, we do not consider the point made, but treat the question as properly before us for determination.
II. If the evidence showed that appellants’ grantor had purchased the real estate upon which the mortgage rests, which is foreclosed in this case, from the mortgagor, under an obligation to pay the mortgage debt, or if it appeared that all intervening purchasers of said premises had assumed and agreed to pay the…
2Cases cited2 opinions
- Gilbert v. SandersonSupreme Court of Iowa · 1881
- Ross v. KennisonSupreme Court of Iowa · 1874
3Cited by20 opinions
- Title Guaranty & Trust Co. v. BushnellTennessee Supreme Court · 1920
- Beeson v. GreenSupreme Court of Iowa · 1897
- Fry v. AusmanSouth Dakota Supreme Court · 1912
- McDonald v. FinsethNorth Dakota Supreme Court · 1915
- Bennett Savings Bank v. SmithSupreme Court of Iowa · 1915
15 more not listed; retrieve them via the Exa API.