Chapman v. Wilkinson
Supreme Court of Iowa
Appeal from Lucas District Court. Suit in equity to foreclose a mortgage given by the decedent, J. P. Chapman, to the plaintiff. Defense, that decedent conveyed by deed absolute on its face, other lands to the plaintiff' in security for the same debt, and that plaintiff had sold and conveyed such other lands and received therefor ‘more than the mortgage debt, whereby it was satisfied.
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Appeal from Lucas District Court. Suit in equity to foreclose a mortgage given by the decedent, J. P. Chapman, to the plaintiff. Defense, that decedent conveyed by deed absolute on its face, other lands to the plaintiff' in security for the same debt, and that plaintiff had sold and conveyed such other lands and received therefor ‘more than the mortgage debt, whereby it was satisfied. The cause was tried to the court and judgment rendered for the cancellation of the mortgage, and against plaintiff, for costs. The court thereafter, on motion of plaintiff, granted a new trial, and from this…
1Opinion of the CourtCole, J.
new trial: discretion of court below, The plaintiff resides in Ohio, and was not present at the trial. The application for a new trial is supported by the affidavit of the plaintiff’s . A attorney, snowing that the answer was filed only a few hours before the trial; that the defense was supported by only one witness, and the only witness in the cause, and who was intoxicated when he testified; and that he, the attorney, was taken by surprise by his testimony. This affidavit states that upon a new trial the plaintiff can prove by a witness, discovered since the trial, and of whom he knew…
2Cases cited1 opinion
- Ruble v. McDonaldSupreme Court of Iowa · 1858
3Cited by1 opinion
- Pickering v. KirkpatrickSupreme Court of Iowa · 1871